A car door opens on Mission Street, or a driver turns right across your bike lane while you’re carrying someone’s dinner. When a delivery rider gets hurt on Bay Area streets, the usual assumption is that DoorDash or Uber Eats will take care of it. Sometimes the app’s insurance helps. Often it covers less than people expect. Many riders also don’t realize they may have a second claim against the driver who hit them, which is where a Daly City personal injury attorney can make a real difference. Here is how the two kinds of coverage work and how they fit together.
What does Prop 22 accident insurance pay if I’m hurt delivering?
Prop 22 requires delivery apps to carry occupational accident insurance that covers up to $1 million in medical expenses, plus disability payments of 66 percent of your average weekly earnings for up to 104 weeks after the injury. Occupational accident insurance is a policy the company buys for you as an independent contractor. It works somewhat like workers’ compensation, but with fewer benefits.
The coverage applies whether you deliver by car, bike, e-bike, or scooter, because Prop 22 defines app-based drivers by the delivery work, not the vehicle. California voters passed it in 2020, and the California Supreme Court upheld it in 2024.
The disability figure is based on what you earned across all your apps, so a rider working DoorDash and Uber Eats together should report both.
Where does Prop 22 coverage fall short?
Prop 22 insurance only covers you while you’re online, and it never pays for pain and suffering. “Online” means the app is open and able to send you orders, or you’re on an active delivery. Riding to your first pickup with the app off isn’t covered. Neither is a stop for a personal errand in the middle of a shift.
The money is limited too. Two-thirds of your earnings is a real pay cut, and weekly payments are capped at the same maximum used for California workers’ compensation. After 104 weeks, disability payments stop even if you still can’t work. The policy also doesn’t replace your damaged bike, phone, or delivery bag.
And if you were on an active order for one app while logged into another, only the app you were working for has to cover you.
Can I also sue the driver who hit me?
Yes. Prop 22 insurance doesn’t stop you from bringing a personal injury claim against a careless driver, and that claim can recover what the app’s policy won’t, including pain and suffering, your full lost income, and a damaged bike or scooter.
California’s traffic laws often decide these cases. Vehicle Code section 22517 bars opening a car door into traffic unless it’s safe, which covers most dooring crashes. Section 21717 requires a driver turning right across a bike lane to merge into it within 200 feet of the turn instead of cutting across you.
The at-fault driver’s auto insurance pays the claim. California’s minimum liability limits are only $30,000 per person, so serious injuries can exceed them quickly. Your own auto policy’s uninsured or underinsured motorist coverage may help fill the gap, even if you were on a bike. If the Prop 22 insurer paid your medical bills, it may ask to be repaid from your settlement, so the two claims need to be handled together.
What should I do right after a delivery crash?
Prove you were online, and prove who hit you. Before you close the app, screenshot the active order or your online status with the time showing. Then get the driver’s name, license plate, and insurance details, and photograph the car, your bike, and the street.
Call 911 so a police report exists. See a doctor that day. Report the crash through the app’s support or safety section as soon as you can, since the Prop 22 insurer will check the timing against the app’s records.
When should a delivery rider call a Daly City personal injury attorney?
Call once you’ve seen a doctor, and well before you sign anything from an insurer. You generally have two years to file an injury lawsuit in California, but evidence like nearby camera footage disappears in days. The Bay Area Injury Law Firm works on contingency, so you pay nothing unless we recover money for you, and our office speaks English, Spanish, Cantonese, and Burmese.
Get both claims working for you
Prop 22 insurance is a floor, not the full picture. It pays part of your medical bills and income, while a claim against the driver can cover the rest. If you were hurt delivering in Daly City, San Francisco, or anywhere on the Peninsula, talk with a Daly City Personal Injury Attorney at Bay Area Injury Law Firm. Joseph Chan will look at both claims and tell you plainly what each one can recover.