By Sami Sedghani, Pharm.D., J.D. · Synergist Law, P.C. · San Rafael, California · Updated October 24, 2026
This page provides general information about California law as it applies to collisions involving app-based delivery drivers. It is not legal advice, and reading it does not create an attorney–client relationship. Every case depends on its own facts. For advice about your specific situation, consult a licensed California attorney.
If a DoorDash, Instacart, or Grubhub driver hits you in California, the claim usually starts with the driver and the driver’s own auto insurance. But that is often not the only coverage available. Under Proposition 22, delivery app companies must carry at least $1 million in auto liability insurance for people injured by a driver during an active delivery, when the driver’s own policy does not cover the crash. Whether that coverage applies depends heavily on one fact: what the driver’s app showed at the moment of the collision.
I’m Sami Sedghani, a trial lawyer and former clinical pharmacist handling serious auto and commercial vehicle cases out of San Rafael. This page explains how California law treats delivery driver collisions, where the insurance comes from, and what evidence matters.
How California classifies app-based delivery drivers
Proposition 22, approved by voters in 2020, added Business and Professions Code §§ 7448–7467. It applies to “delivery network companies,” defined as businesses running an on-demand delivery app in which couriers can accept or decline each request (§ 7463(f)). Platforms such as DoorDash, Instacart, and Grubhub generally operate this way.
Under § 7451, an app-based driver is an independent contractor, not an employee or agent, as long as the company meets four conditions: it does not set the driver’s hours, does not require the driver to accept particular requests, does not bar the driver from working for other apps outside of active deliveries, and does not bar other lawful work. The California Supreme Court upheld Proposition 22 in Castellanos v. State of California (2024) 16 Cal.5th 588.
That classification matters for an injury claim. Because the driver is generally not the app company’s employee, the usual rule making an employer responsible for an employee’s driving may not apply to the app company. Proposition 22 addresses the resulting gap with a specific insurance requirement.
The insurance layers in a delivery driver crash
1. The driver’s own auto policy
The driver’s personal auto insurance is usually the first place to look. Many personal auto policies limit or exclude coverage when a vehicle is being used for paid delivery, so whether a particular policy responds depends on its language and the driver’s status at the time.
2. The app company’s $1 million coverage under Prop 22
Business and Professions Code § 7455(f)(1) requires a delivery network company to maintain automobile liability insurance of at least $1,000,000 per occurrence for third parties injured by an app-based driver’s operation of an automobile during “engaged time,” where the vehicle is not otherwise covered by a policy meeting Insurance Code § 11580.1(b).
“Engaged time” runs from when the driver accepts a delivery request until the driver completes it, as recorded in the app (§ 7463(j)(1)). It generally does not include time after a customer cancels or after the driver abandons the delivery (§ 7463(j)(2)). DoorDash’s own help center describes its U.S. third-party auto liability coverage in similar terms, applying from acceptance of a delivery until the order is marked delivered, unassigned, or canceled, and states that a Dasher who is online without an accepted request must rely on their own insurance.
3. Your own coverage
If the driver’s coverage is inadequate or disputed, your own uninsured/underinsured motorist coverage and medical payments coverage may help. Health insurance, Medi-Cal, and Medicare may pay for treatment and later assert reimbursement rights against any recovery.
Why the driver’s app status decides so much
Because the $1 million requirement turns on engaged time, the most important early question is what the driver was doing on the app when the crash happened:
- Logged off: an ordinary car crash. The driver’s personal policy applies.
- Online, waiting for an order: not engaged time under Prop 22, so the $1 million requirement does not apply. The driver’s personal policy is typically primary.
- Accepted an order, picking up, or delivering: engaged time. If the driver’s own policy does not cover the crash, the app company’s required coverage should.
Drivers can also run more than one app at once. Section 7451(c) lets a driver work for other platforms except during engaged time, so it may be necessary to establish which company’s delivery was active. The app companies hold timestamped records of when a request was accepted and completed. Those records can be requested early and obtained through discovery if a lawsuit is filed.
Can I sue DoorDash, Instacart, or Grubhub directly?
It depends on the facts. Because Proposition 22 generally classifies these drivers as independent contractors, a claim against the app company is not automatic in the way an employer-liability claim against a trucking company might be. In many cases the practical route is the driver’s liability, backed by the app company’s required insurance during engaged time. Whether the app company has independent responsibility, for example through how it designed or operated its delivery process, is a separate, fact-specific question.
If you are the delivery driver who was hurt
App-based drivers are generally not covered by workers’ compensation. Proposition 22 instead requires delivery network companies to provide occupational accident insurance for injuries a driver suffers while online with the platform (§ 7455(a)). It must cover at least $1,000,000 in medical expenses and pay disability benefits of 66 percent of the driver’s average weekly earnings from all network companies, subject to statutory minimums and maximums, for up to the first 104 weeks. Section 7455(b) adds accidental death coverage for a driver’s spouse, children, or other dependents.
That benefit does not prevent a claim against whoever caused the crash. If another driver hit you while you were delivering, you may have a separate personal injury claim against that driver, which can include damages occupational accident insurance does not cover, such as pain and suffering.
Bike and e-bike couriers
Section 7455(f)(1)’s $1 million requirement applies to a driver’s operation of an automobile. A collision with a courier on a bicycle or e-bike falls outside that provision, and the analysis turns on the courier’s own conduct and coverage and any insurance the company provides voluntarily. If you are the courier and a car hit you, the occupational accident coverage described above and a claim against the at-fault driver may both be available.
Sidewalk delivery robots
Some delivery orders now arrive by robot. Coco Robotics delivers DoorDash orders by sidewalk robot, having launched in Los Angeles and Chicago in April 2025, and began operating in downtown San Jose in 2026. Serve Robotics, which operates in Los Angeles and San Jose among other cities, announced robot delivery for Grubhub orders in August 2026. Sidewalk robots are regulated through city permit programs rather than the DMV, and liability usually starts with the robot’s operator. Our self-driving car and robotaxi accident page covers these devices in more detail.
Amazon delivery vans are a different situation
Amazon packages are often delivered in branded vans by drivers hired through Amazon Delivery Service Partners, companies that contract with Amazon. Those drivers are not app-based gig workers, and whether the delivery company, Amazon, or both are legally their employer depends on the facts, so the liability and insurance analysis differs from a DoorDash or Grubhub crash. Our commercial vehicle accident page covers delivery vans and other fleet vehicles, and our Amazon delivery accident page and FedEx truck accident page explain how each company’s delivery network is set up.
If the crash happened in Marin County
Who writes the report. Collisions on Highway 101, Interstate 580, Highway 1, and other state highways, and on roads in unincorporated Marin, are generally handled by the California Highway Patrol’s Marin Area office at 53 San Clemente Drive in Corte Madera. A crash on a city street, such as Fourth Street in San Rafael or Grant Avenue in Novato, is usually handled by that city’s police department. Knowing which agency responded tells you where to request the report.
Getting a CHP report. CHP releases collision reports only to a “party of interest,” which includes drivers, passengers, pedestrians, cyclists, vehicle owners, and their legal representatives. You can request one through CHP’s online crash portal or by submitting form CHP 190 to the Area office that took the report. See CHP’s crash report request page for the current fee and process.
What to note at the scene that is specific to a delivery crash. The report will rarely say whether the driver was on an order. Write down which app or apps the driver mentioned, whether there was an insulated bag or food in the car, and the time to the minute. Those details are what you compare against the app company’s acceptance and completion timestamps later. Your own insurer should be notified, and it is reasonable to hold off on a recorded statement to the driver’s insurer until you know which policy is actually in play.
For general steps after any collision, see our guide to what to do after a car accident that wasn’t your fault in California.
Deadlines, and where a Marin claim goes
Most injury claims against a driver must be filed within two years under Code of Civil Procedure § 335.1, and wrongful death claims generally within two years of the death. A Marin lawsuit is filed in the Marin County Superior Court, 3501 Civic Center Drive, San Rafael.
If a public agency may share fault, for example a poorly marked intersection or a road defect, a written government claim generally must be presented within six months under Government Code § 911.2, and it goes to the specific agency involved:
- County of Marin (county roads in unincorporated areas): the Clerk of the Board of Supervisors, 3501 Civic Center Drive, Room 329, San Rafael. The County’s claim page has the form.
- A city (San Rafael, Novato, Mill Valley, and so on): that city’s clerk, using the city’s own claim form.
- State highways: highway-condition claims go through Caltrans; other claims against state agencies go to the Department of General Services Government Claims Program, which currently charges a $25 filing fee unless waived.
How I approach delivery driver cases
The recurring fight in these cases is not usually who caused the crash. It is which insurer has to pay. The driver’s personal carrier may say the car was being used for business; the app company’s carrier may say no order had been accepted yet. While they argue, an injured person’s bills accumulate. The way through is the app’s own timestamps, obtained early, matched against the time of the crash.
Before founding Synergist Law, I spent nine years at large law firms handling complex litigation and product liability litigation on behalf of companies, so I have seen from the inside how a coverage dispute gets used to slow a claim down. I’m also a former clinical pharmacist. Many delivery crashes happen at city-street speeds, which is exactly where insurers argue that injuries were minor or pre-existing. I read the medical record the way their reviewer will, looking at medication history, treatment gaps, and whether the treating notes tie the mechanism of the crash to the diagnosis.
Neither background predicts how any particular case will turn out. It shapes how I prepare one.
Frequently asked questions
Does DoorDash have insurance if one of its drivers hits me?
Under Proposition 22, delivery network companies such as DoorDash must carry at least $1 million in auto liability coverage for third parties injured by a driver during engaged time, from acceptance of a delivery until it is completed, when the driver’s own policy does not cover the crash. If the driver was not on an active delivery, the driver’s own insurance generally applies.
Is DoorDash, Instacart, or Grubhub responsible for its drivers?
Not automatically. Proposition 22 generally classifies app-based drivers as independent contractors, so the usual employer-liability rule may not apply. The app company’s required insurance can still cover the driver’s operation of a car during an active delivery, and whether the company bears independent responsibility depends on the facts.
What if the delivery driver wasn’t on a delivery when they hit me?
If the driver was logged off, or online but had not accepted an order, Prop 22’s $1 million requirement does not apply, and the driver’s personal auto policy is generally the main source of coverage. The app’s records of when an order was accepted and completed can establish the driver’s status.
I’m a delivery driver and was hurt while working. What coverage do I have?
Prop 22 requires delivery network companies to provide occupational accident insurance for injuries suffered while online, covering at least $1 million in medical expenses and disability payments for up to 104 weeks. If another driver caused the crash, you may also have a separate injury claim against that driver.
Does the $1 million coverage apply to bike or e-bike couriers?
Prop 22’s $1 million requirement applies to a driver’s operation of an automobile. A collision with a courier on a bicycle or e-bike falls outside that provision, so the analysis turns on the courier’s own conduct and any coverage the company provides voluntarily.
How long do I have to file a claim?
For most personal injury claims in California, two years from the date of injury under Code of Civil Procedure § 335.1. If a public entity such as the County of Marin, a city, or Caltrans may share fault, a written government claim to that agency is generally due within six months. Because the deadline depends on the facts, it is better to have a licensed California attorney determine the deadline that applies than to calculate it yourself.
Talk to a California delivery driver accident lawyer
If you were hurt in a collision with a DoorDash, Instacart, Grubhub, or other app-based delivery driver, or you are a driver injured while working, Synergist Law is willing to review what happened. Sami Sedghani, Pharm.D., J.D. (Super Lawyers 2022–2026; appellate counsel in the published decision Osaze v. Gee (2026)) handles serious auto and commercial vehicle cases personally. Se habla español.
Office: 1299 4th Street, Suite 301, San Rafael, CA 94901. Phone: (415) 835-4448. 24/7 answering service. Contingency fee: no attorney’s fee unless we obtain a recovery for you. Depending on the terms of your written fee agreement, you may be responsible for case costs we advance even if there is no recovery. Your fee agreement explains this before representation begins. Request a free consultation, review our frequently asked questions, or read why car accident settlements take time in California.
Disclaimer: This page provides general information only and does not constitute legal advice. No attorney–client relationship is formed by reading this content. Insurance programs and company policies described here may change after the date shown above. Every case turns on its own facts, and nothing on this page predicts any outcome, timeline, or value in your matter. For advice specific to your situation, consult a licensed California attorney.