California’s New Shield for Victims of Delivery Driver Accidents
For years, victims injured in crashes caused by food delivery drivers in California faced an uphill battle. Gig economy giants like DoorDash, Uber Eats and Grubhub often shielded themselves from liability by classifying drivers as “independent contractors.” This tactic frequently left injured parties struggling to recover even basic medical expenses. However, a groundbreaking new law, Assembly Bill 375 (AB 375), is changing the landscape, offering a powerful new avenue for accountability.
The Independent Contractor Loophole and Its Consequences
Previously, delivery companies routinely denied claims, forcing victims to rely on the driver’s personal auto insurance – which often excluded “business use” and therefore denied coverage. This left individuals with significant injuries and mounting bills with limited options for financial recovery. The situation was exacerbated by a hidden practice: account sharing.
The Dark Secret: Rampant Account Sharing
It’s an open secret within the food delivery industry that many drivers operating on platforms aren’t the individuals who passed the initial background checks. Weak verification methods allowed a market for renting and selling verified accounts to flourish. Individuals unable to pass a background check – due to issues like suspended licenses or a history of reckless driving – could simply pay a fee to use someone else’s credentials. Platforms often overlooked this practice to maintain a constant supply of drivers.
This created a serious public safety hazard. When an unauthorized driver caused an accident, the platform would claim the driver was committing fraud, invalidating their insurance coverage and leaving the victim with little recourse.
How AB 375 Changes the Rules of the Game
Recognizing this dangerous loophole, California lawmakers passed AB 375, mandating continuous, biometric identity verification protocols. The law requires platforms to ensure the person making the delivery is the same individual who passed the background check. Even as intended to protect consumers and workers, AB 375 has had a significant impact on personal injury litigation.
The law establishes a statutory duty for platforms to verify their drivers. Failure to enforce these protocols, and a subsequent accident caused by an unauthorized driver, means the platform can no longer rely on the “fraud” defense.
Bypassing the Independent Contractor Defense
AB 375 allows attorneys to pursue a negligent hiring or negligent retention claim directly against the platform, bypassing the complexities of the independent contractor classification. This shifts the focus from the driver’s actions to the platform’s failure to comply with the law.
Unlocking the $1 Million Policy: The Financial Impact
Successfully proving negligent hiring under AB 375 unlocks access to the platform’s primary commercial liability insurance policy, which typically carries a minimum limit of $1 million per accident. This is a significant improvement compared to the limited coverage offered by a driver’s personal policy or the platform’s contingent policies.
| Insurance Source | Typical Coverage Limits | Likelihood of Payout |
| Driver’s Personal Auto Policy | $15,000 to $30,000 (California Minimums) | Very Low (Usually denied due to “business use” exclusion) |
| Platform’s Period 1 Contingent Policy | $50,000 per person / $100,000 per accident | Moderate (Applies only if the driver was waiting for an order) |
| Platform’s Commercial Policy (via AB 375) | $1,000,000+ per accident | High (If negligent hiring/AB 375 violation is proven) |
For victims with severe injuries, such as traumatic brain injuries or spinal cord injuries, medical bills can quickly exceed $100,000. Accessing the $1 million commercial policy can ensure full compensation for medical expenses, lost wages, and pain and suffering.
Building an AB 375 Negligent Hiring Case
Proving an AB 375 violation requires a strategic legal approach. Attorneys will need to obtain evidence from the delivery platform through the discovery process. Key steps include:
- Subpoenaing the Driver’s Profile: Obtaining the driver’s complete profile, including the original background check and identity verification history.
- Cross-Referencing Police Reports: Comparing the driver’s identity on the police report with the authorized account holder’s information.
- Deposing Corporate Representatives: Questioning platform safety officers about their compliance with AB 375.
Don’t Face the Tech Giants Alone
While AB 375 has leveled the playing field, companies like DoorDash and Uber Eats have extensive legal resources. They will vigorously defend against claims seeking access to their $1 million policies. If you’ve been injured by a delivery driver, it’s crucial to consult with an attorney specializing in gig economy accidents and AB 375 litigation.
Frequently Asked Questions
Q: What is AB 375?
A: AB 375 is a California law requiring food delivery platforms to implement biometric identity verification to ensure drivers are who they claim to be.
Q: How does AB 375 help me if I was hit by a delivery driver?
A: It allows you to potentially sue the delivery platform directly for negligent hiring if the driver was unauthorized, unlocking access to their $1 million commercial insurance policy.
Q: What is negligent hiring?
A: It means the delivery platform failed to adequately verify the driver’s identity and background, leading to an accident caused by an unqualified individual.
Q: Should I speak to the delivery company’s insurance adjuster?
A: No. It’s best to consult with an attorney first to protect your rights.
Did you know? California is the first state to enact legislation specifically addressing account sharing and identity verification within the food delivery industry.
If you or a loved one has been injured in an accident involving a food delivery driver in California, don’t hesitate to seek legal counsel. Understanding your rights under AB 375 could be the key to securing the compensation you deserve.