Proposition 22 reshaped how Uber, Lyft, DoorDash, and Instacart treat their drivers in California, including what happens when you get hurt on the job. The rules are not the same as a W-2 employee, but they are not as limited as the companies sometimes imply.
What Prop 22 Actually Provides
Under Proposition 22, network companies (Uber, Lyft, DoorDash, Instacart, Postmates, and similar) are required to carry occupational accident insurance for drivers injured while on an active engaged trip. The coverage is more limited than traditional workers' comp but it exists.
Prop 22 occupational accident insurance includes:
- Medical expenses up to $1 million
- Disability payments up to 66 percent of average weekly earnings for up to 104 weeks
- Survivor benefits if the driver dies
The phrase that matters is "engaged trip." Coverage usually requires the app to be on and a ride or delivery to be in progress, not just open to receive requests.
Are You Really an Independent Contractor?
Prop 22 classifies app drivers as independent contractors for the purpose of workers' comp. But the classification is not bulletproof. If your work pattern looks more like employment (set hours, exclusivity, employer control), or if you were doing something outside the platform's structure when injured, the classification can be challenged.
This matters because a successful employee classification opens up full California workers' comp benefits and the exclusive-remedy framework that comes with them. Drivers for delivery services that operate outside Prop 22 (regional or B2B couriers, for instance) may already be employees under AB 5.
The Third-Party Case Is Usually the Big One
If another driver hit you on a delivery or ride, that other driver is a third party. You can sue them in civil court for the full range of personal injury damages: medical expenses, lost income, pain and suffering, emotional distress, future earning capacity.
You can also tap your own insurance:
- Uber/Lyft third-party liability: up to $1 million when you are on an active trip
- Uninsured/Underinsured Motorist (UM/UIM): up to $1 million while engaged in a trip, even if the at-fault driver had no insurance
- Your personal auto policy: may apply during certain phases (especially app-on, no trip)
In LA, where uninsured driver rates are among the highest in the country, the UM/UIM coverage Uber and Lyft provide is often the only meaningful recovery a driver gets.
What to Do at the Scene
- Call 911. Get a police report.
- Photograph everything: damage, scene, injuries, license plates, the other driver's insurance card.
- Get witness names and phone numbers.
- Open a claim with your rideshare or delivery app immediately. Screenshot the active trip showing app-on status.
- Get medical care that day or the next day, even if you feel okay.
- Do not give a recorded statement to the other driver's insurance company.
The "Period" Issue with Uber and Lyft
Rideshare insurance is divided into three periods, and coverage levels are very different:
- Period 0: app off, you are on your personal insurance only
- Period 1: app on, no ride accepted. Limited coverage from the platform ($50K/100K bodily injury, $25K property)
- Period 2: ride accepted, en route to passenger. Up to $1M coverage
- Period 3: passenger or food in the vehicle. Up to $1M coverage
Which period applies at the moment of the crash is one of the most-fought issues in these cases. Save your app data.
If You Were Killed or Catastrophically Injured
For fatal cases, Prop 22 provides survivor benefits and the platform's commercial policy provides up to $1 million in liability coverage. The family can also pursue the at-fault driver, the at-fault driver's employer (if a commercial vehicle was involved), and in some cases the network company itself for negligent retention or supervision.
What Surprises Most LA Drivers
- You can collect Prop 22 benefits and sue the other driver in civil court
- You do not need to wait for the app's insurer to "approve" treatment. Get care now and sort billing later.
- You have two years from the crash to file a personal injury suit. Prop 22 benefit deadlines are shorter, sometimes 30 days for initial notice.
- Multiple delivery apps can stack: if you were on DoorDash and Instacart at the same time, the active app's coverage applies, but the question of which one was "engaged" at impact gets litigated.
Hurt on the job in Los Angeles? Talk to a real workers' comp attorney. Free, confidential, in English, Español, or Հայերեն. Call (747) 777-5977 or send a message.