Q. I have been earning some extra money being an Uber Eats driver (it's like a taxi that picks up food from restaurants that don't normally deliver, and deliver the food to customers). Not long ago, as I was driving a food order to its destination, I got into a small accident. Nothing serious but it made the delivery very late, and the food was cold. Needless to say the customer was unhappy. My question is, what was the right course of action? Am I considered a shomer sachar over the food, since I was being paid to deliver it, and ostensibly look after it until the delivery? If so, would the fact that I got into an accident that was not my fault be an oyness, thus making me patur?
Thank you.
A. Assuming that you are delivering food from a non- kosher restaurant to Gentile clients, Horav Shlomo Miller's Shlit'a opinion is that you would likely be subject to "dinah demalchusa" or the law of the land. Most likely the contract you signed when you you became an Uber Eats driver, contains clauses and guidelines that would indicate the process to follow in your case or similar and that is what you have to conform to as having accepted it.
The same may apply even when delivering food from a kosher restaurant to Jewish clients, as both parties accepted that contract and its ramifications.
On the unlikely case that no contract was signed, and you could not settle between you your differences, you may have to take your case to a local beis din and all parties will have to present their case for beis din to decide. However, usually there is a contract is between Uber Eats and the driver.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a
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