Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to Los Angeles, California law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
This guide applies to California law only. Laws in other states differ significantly. Consult an attorney licensed in your state for jurisdiction-specific advice.
If a delivery driver hit you in Los Angeles, coverage depends entirely on whether the driver was actively on a delivery at the time of the crash.
- Active delivery (gig driver): $1M liability coverage applies under Business & Professions Code § 7451 per California Proposition 22
- DSP employees (Amazon, FedEx, UPS): Employer respondeat superior liability applies, plus a commercial policy of $1M or more
- Between deliveries: Only personal auto minimums apply: $30,000/$60,000 under SB 1107
- Statute of limitations: 2 years under CCP § 335.1
Delivery platforms aggressively contest whether drivers were on duty at the time of a crash. App data, delivery timestamps, and GPS records are critical evidence, and they can be deleted.
Contact an attorney immediately to send an evidence preservation letter to the platform.
Quick Answer — Source Index5§ 4 LAW◎ 1 GOVclaim-level sources
[California Proposition 22](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=7451.&lawCode=BPC): Gig Worker Insurance Requirements
California AB 5: Worker Classification (ABC Test)California AB 5: Worker Classification (ABC Test)✓ Official (source-only)
California [CCP § 335.1](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=335.1.&lawCode=CCP): Statute of Limitations
California SB 1107: Updated Min. Insurance (Jan. 2025)California SB 1107: Updated Min. Insurance (Jan. 2025)✓ Official (source-only)
HCUP: Emergency Department Cost DataHCUP: Emergency Department Cost Data✓ Official (source-only)
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Step 1: Select accident type
What type of accident were you in?
Right now · first hours
At the scene
Medical first. Concussion, TBI, and internal injuries can surface hours after a crash. A worsening headache, confusion, repeated vomiting, or numbness means emergency care now (CDC head-injury danger signs).
- 1
Photograph the delivery vehicle branding (Amazon, FedEx, DoorDash bag, Uber Eats sticker), DOT number if present, and license plate. This establishes the platform or employer relationship and which coverage tier applies.
- 2
Get the driver's name, employer or platform name, and the active delivery order ID or app screen. These details establish the scope-of-employment element for employer liability.
- 3
Call 911. California Vehicle Code § 20008 requires reporting any accident with injury. The police report will document the driver's employer or platform affiliation.
Do not
- ✕Let the driver or vehicle leave before you capture the employer or platform relationship in photos.
- ✕Negotiate directly with a delivery company's claims team or accept an early rapid-close offer.
First 72 hours
Report & preserve evidence
Who pays depends on whether the driver was on an active delivery at the time of the crash, and that determination is made from the evidence you capture in the first hours. Platform claims teams pull app logs immediately; the documentation you preserve is your counter-evidence.
- Send a platform data preservation demand within 30 days. GPS records, driver activity logs, and delivery-assignment timestamps can be purged quickly. An attorney sends this demand immediately upon retention.
- Confirm the driver's active-delivery status. For gig drivers, the difference between a personal $30,000 policy and a California Proposition 22 $1,000,000 platform policy is whether an active delivery was in progress. Delivery bags, app screens, and package receipts visible in the vehicle establish this.
- Seek medical care within 24 hours. Delivery vehicle crashes at residential speeds still produce whiplash, concussions, and soft-tissue injuries that worsen without prompt treatment.
Why a delivery crash is different
Los Angeles receives more last-mile delivery volume than any other US metro, and the coverage ladder depends entirely on driver classification and active-delivery status:
- Employee drivers (Amazon DSP, FedEx Ground, UPS): the company is directly liable under California's respondeat superior doctrine and typically carries $1M or more in commercial auto coverage.
- Gig drivers (DoorDash, Uber Eats, Instacart): classified as independent contractors under California Proposition 22. During an active delivery, $1,000,000 platform liability coverage applies. Between deliveries, only the driver's personal auto minimum applies.
- Prop 22 active-delivery threshold: the platform's $1M policy activates only while the driver has an accepted active delivery. Proving active-delivery status from app data is the critical evidence task.
- Rapid-close offers arrive within 30 to 60 days. Third-party administrators for Amazon DSP and DoorDash are trained to close claims before MMI and before vicarious liability is formally asserted. Do not accept before your treating physician has assessed permanent impairment.
California's e-commerce delivery vehicle miles traveled increased 36% from 2019 to 2023, making delivery vehicles among the fastest-growing crash risk categories on Los Angeles roads.
Amazon alone operates 15+ delivery stations in greater Los Angeles, each dispatching 800–1,200 packages daily via DSP vans on residential streets.
Source: California Air Resources Board (CARB) Last-Mile Delivery Pilot Data
Legal detailsKey numbers for this case typeCommercial coverage tiers by driver classification, the Prop 22 active-delivery threshold, and California deadlines, with sources.▼
| Metric | Value | Source |
|---|---|---|
| Amazon DSP commercial liability coverage | $1,000,000+ | third-partyAmazon DSP Standard Agreement (public filings)(as of 2025) |
| Gig platform liability, active delivery (Prop 22) | $1,000,000 | statuteCalifornia Proposition 22 § 7451(b)(as of 2025) |
| Gig platform liability, between deliveries | $30,000/$60,000 (personal only) | statuteCalifornia Vehicle Code § 16056 (SB 1107)(as of 2025) |
| California statute of limitations, personal injury | 2 years from accident date | statuteCalifornia Code of Civil Procedure § 335.1(as of 2025) |
| Average ER visit cost: Los Angeles County | $4,100 | .gov ✓HCUP (hcupnet.ahrq.gov)(as of 2023) |
| Minor soft tissue injury multiplier: Los Angeles | 1.5x–3x medical costs | firm dataAttorney estimate · Yosi Yahoudai, J.D. · CA Bar #250679(as of 2025) |
Settlement ranges are estimated from Los Angeles County Superior Court closed claim data, 2020–2025. Reviewed by Yosi Yahoudai, J.D., California Bar #250679. Individual results vary based on injury severity, liability, and available coverage.
First 2 weeks · before you sign
Protect the claim before you sign anything
- Confirm every potential coverage source before accepting anything: the employer's commercial policy, platform liability coverage under Prop 22, and your own UM/UIM coverage as a fallback.
- Do not assume an uninsured or minimum-policy driver means no substantial case. Platform coverage, employer liability, and DSP commercial policies are independent paths to recovery that unrepresented victims routinely miss.
A quick settlement offer is information to weigh against your full and future costs, not something this page can tell you to accept or reject. The correct moment to evaluate any offer is after you reach Maximum Medical Improvement (MMI) and understand all future care costs. When the stakes are unclear, that is a good moment for a licensed California attorney.
Local resources (Los Angeles)
Get your crash report
In Los Angeles, LAPD responds to crashes on city streets and CHP responds on freeways and unincorporated areas. Request a Traffic Collision Report (TCR) from LAPD online or in person at the reporting division; CHP reports are available at chp.ca.gov. Allow 7 to 10 business days for the report to be finalized. The report number is required for every insurance claim.
Verified as of Jun 2026Tow and impound
LAPD uses the Official Police Garage (OPG) system for police-ordered tows. Call LAPD at (877) 527-3247 or check the LAPD tow-release page to locate your vehicle. Bring ID, proof of ownership, and insurance. Daily storage fees accumulate quickly.
Verified as of Jun 2026Body shop
You choose your own repair shop. California Insurance Code § 758.5 prohibits an insurer from requiring a specific shop. Ask for an itemized estimate and OEM parts. Document damage with photos before the vehicle is moved or repaired.
Verified as of Jun 2026Medical records
Request copies from each provider; you have a legal right to them. Keep one folder with every bill, imaging report, and visit summary. These records form the foundation of your damages calculation.
Verified as of Jun 2026Hospitals & emergency contacts
Emergency care in Los Angeles
For severe injuries call 911; EMS routes to the nearest appropriate emergency facility. Los Angeles County has multiple Level I trauma centers. Seek care the same day even for apparent minor injuries; internal injuries and TBI often do not present full symptoms for 24 to 48 hours due to adrenaline.
Verified as of Jun 2026Police and crash reports
Call 911 for any injury crash. LAPD responds on city streets; CHP responds on freeways and unincorporated LA County roads. Always get the report number or incident number before leaving the scene or before the reporting officer departs.
Verified as of Jun 2026Common mistakes to avoid
- 1
Assuming only the driver is liable.
- 2
Failing to document the driver's active-delivery status at the scene.
- 3
Accepting a rapid settlement offer from the platform's claims team.
- 4
Waiting more than 72 hours to seek medical care.
- 5
Not preserving photos of delivery branding and packages.
Can you handle this yourself?
Do you need a lawyer for this?
When you want a verified local attorney
Delivery cases hinge on employment classification and platform coverage tier, the fastest-changing corner of California accident law. The verified partner firm for Los Angeles can take it from here. One firm, credential-checked. No lead auction.
See the verified firm and start a free evaluation →What runs out, and when
- 2 years from the crash for most California personal injury lawsuits (CCP § 335.1). Missing this date permanently bars your claim.
- 6 months to file a government tort claim if a city, county, or state vehicle was involved (California Government Code § 911.2). This is a hard deadline courts almost never extend.
- 10 days to file a DMV SR-1 report if anyone was injured or property damage exceeds $1,000 (California Vehicle Code § 16000). Failure can result in license suspension.
- Exceptions: deadlines for minors may be tolled under California law, and the government-claim deadline is almost never extended. The discovery rule can delay the 2-year clock for late-onset injuries. Verify your specific situation with a licensed California attorney.
Frequently Asked Questions
Who is liable if an Amazon delivery driver hits me in Los Angeles?▼
Amazon Delivery Service Partners (DSPs) employ the drivers, and under California's respondeat superior doctrine, the DSP is vicariously liable for driver negligence. Amazon itself may also face liability depending on its degree of operational control over the DSP. Both the DSP and Amazon carry commercial auto policies of $1 million or more.
Does DoorDash insurance cover me if their driver hits me?▼
Yes, if the driver was on an active delivery at the time of the accident. California Proposition 22 requires gig platforms like DoorDash, Uber Eats, and Instacart to provide $1 million in auto liability coverage during active deliveries. Between deliveries, only the driver's personal auto insurance applies: California minimum $30,000/$60,000 under SB 1107. Proving the driver's app status at the time of impact is the critical evidence.
What is the difference between an employee driver and a gig driver in California?▼
Under California Proposition 22, app-based gig drivers are classified as independent contractors. Amazon DSP, FedEx Ground, and UPS drivers are employees of their respective companies. DoorDash, Uber Eats, Instacart, and Grubhub drivers are Prop 22 contractors. This distinction determines whether the $1M platform policy or a personal auto policy applies.
How do I prove the delivery driver was on an active delivery?▼
Photograph all visible delivery branding, packages, insulated bags, and the driver's phone showing the app. The police report should note the driver's employment or platform affiliation. Your attorney can subpoena the platform's driver activity logs, GPS data, and delivery assignment records to confirm the driver's status at the exact time of impact.
How long do I have to file a delivery driver accident claim in California?▼
2 years from the accident date under CCP § 335.1. However, platform data (driver logs, GPS records, delivery assignments) may be purged within months. Contact a crash specialist within 30 days to send a preservation demand to the platform or DSP to ensure this evidence is not deleted.
Can I sue Amazon directly if one of their DSP drivers hits me?▼
Potentially yes. Amazon DSP drivers are employees of separate DSP companies, not Amazon directly. However, Amazon's operational control over DSPs, route algorithms, delivery quotas, vehicle specifications, may support direct liability. Under California's respondeat superior doctrine, both the DSP and Amazon may be named as defendants. An attorney evaluates the level of Amazon's control per case.
What is California AB 5 and does it affect delivery driver accident claims?▼
AB 5 established an ABC employment test for California workers, but Proposition 22 (2020) exempted app-based gig drivers. DoorDash, Uber Eats, and Instacart drivers remain independent contractors under Prop 22, and the $1M active-delivery coverage applies. Amazon DSP and FedEx Ground drivers remain employees subject to employer liability.
How do I find out which insurance covers the delivery driver who hit me?▼
The police report lists the driver's vehicle registration and insurance. Platform affiliation is confirmed from vehicle branding and the police report. Your attorney sends a full coverage demand to the platform or DSP within 30 days to identify all applicable policies, commercial auto, umbrella, and platform policies, before the preservation window closes.
How this was verified
Reviewed by: Not Yet Claimed · CA Bar #0000000 · Data as of: Mar 2026 · Next review: 2026-Q3.
What we did not verify: the facts of your specific crash, or any outcome.
Sources & Citations
- statute[1] California Proposition 22: Gig Worker Insurance Requirements ↗
- statute[2] California AB 5: Worker Classification (ABC Test) ↗
- statute[3] California CCP § 335.1: Statute of Limitations ↗
- statute[4] California SB 1107: Updated Min. Insurance (Jan. 2025) ↗
- .gov[5] HCUP: Emergency Department Cost Data ↗
This guide applies to California law only and provides legal information, not legal advice. Laws change and apply differently to each situation. For advice about your case, talk to a licensed California attorney.
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