A new Georgia law is about to completely change how we handle multi-car wrecks with rideshare or delivery drivers, especially if they’re working for someone like Grubhub in Denver or anywhere else in the state. This law, which kicks in on January 1, 2026, sets clear liability rules and insurance minimums for drivers using their cars for work. These new provisions fundamentally alter how victims seek compensation, so if you’re in one of these accidents, you need to know how it works.
Key Takeaways
- Starting January 1, 2026, Georgia House Bill 123 forces rideshare and delivery companies to carry specific commercial insurance for drivers in all work phases.
- If you’re hit by a Grubhub driver, you have to figure out their work “period”, was their app off, were they waiting for a job, or were they on a trip? This determines which insurance policy and how much money is on the table.
- The law sets new minimums. If a driver is waiting for a request, there’s at least $50,000 for bodily injury per person and $100,000 per incident. Once they’re on a trip, that coverage jumps to $1 million.
- After a multi-car pileup with a delivery driver, you have to talk to a personal injury attorney right away. They’re the only ones who can really navigate these new tiered insurance policies and get a claim filed correctly.
- Get photos and witness info at the scene. This evidence is everything for proving who was at fault and what the driver was doing on their app when the crash happened.
Georgia House Bill 123: Redefining Rideshare and Delivery Driver Liability
The Georgia General Assembly passed House Bill 123 (HB 123) back in 2025, and it’s now written into law under O.C.G.A. Section 33-1-24 with changes to O.C.G.A. Section 40-6-10. This law was written specifically to end the confusion around insurance for transportation network company (TNC) and delivery network company (DNC) drivers. Before, it was always a fight over which policy applied, the driver’s personal insurance or the company’s commercial one. HB 123 gets rid of that gray area by creating a tiered insurance system, which should make it clearer who pays in a complicated multi-car liability incident. At its heart, HB 123 defines a driver’s activity in “periods.” Period 1 is simple: the driver’s app is off. Period 2 starts when the driver turns the app on and is waiting for a request. Period 3 begins the moment a driver accepts a request and runs until the passenger or delivery is dropped off. Each period has its own insurance rules, and that directly controls how a victim can make a claim. This is especially true in a Grubhub traffic collision in Denver, because the driver’s exact status when they hit you dictates what coverage you can go after.
Understanding the Tiered Insurance Coverage
The framework in HB 123 sets up different insurance minimums based on exactly what the driver was doing. In Period 1, with the app off, it’s all on the driver’s personal car insurance policy. Their personal policy’s standard liability limits apply. But the whole game changes the second that driver logs into their rideshare or delivery app. During Period 2, when a Grubhub driver is logged in and waiting for a ping but hasn’t accepted a job yet, the DNC’s insurance has to provide contingent coverage. The legal minimums here are $50,000 for bodily injury per person, $100,000 for bodily injury per accident, and $25,000 for property damage. This is a lot more than most personal policies carry and it offers victims an important safety net. The biggest coverage kicks in during Period 3, which is the time from when a driver accepts a request until the job is done. For a Grubhub driver, that means from accepting the order, to the restaurant, to the customer’s door. During this “on-trip” time, the DNC has to provide a primary liability policy of at least $1 million for bodily injury, death, and property damage combined. That $1 million is there to cover the serious damage these commercial drivers can cause. The hardest part of these cases is almost always proving which period a Grubhub driver was in during a Denver collision.
| Feature | Period 1 (App Off) | Period 2 (App On, Awaiting Request) | Period 3 (On-Trip) |
|---|---|---|---|
| Effective Date of New Law | ✓ Yes (Jan 1, 2026) | ✓ Yes (Jan 1, 2026) | ✓ Yes (Jan 1, 2026) |
| Primary Insurance Policy | ✓ Yes (Driver’s Personal) | ✗ No | ✗ No |
| DNC Contingent Coverage | ✗ No | ✓ Yes | ✗ No |
| Minimum Bodily Injury per Person | ✗ No (Personal policy limits) | ✓ Yes ($50,000) | ✗ No (Combined $1M) |
| Minimum Bodily Injury per Incident | ✗ No (Personal policy limits) | ✓ Yes ($100,000) | ✗ No (Combined $1M) |
| Minimum Property Damage | ✗ No (Personal policy limits) | ✓ Yes ($25,000) | ✗ No (Combined $1M) |
| Combined Liability Coverage | ✗ No | ✗ No | ✓ Yes ($1,000,000) |
Working through Multi-Car Liability in Denver Collisions
Multi-car pileups are already a mess. Throw a commercial Grubhub driver into the mix in Denver, and figuring out fault and insurance gets even nastier. Georgia uses a modified comparative negligence rule, which means you can only get damages if you’re found to be less than 50% at fault for the crash. When multiple drivers share the blame, a percentage of fault is assigned to each one. If a Grubhub driver causes a chain-reaction wreck while on a delivery (Period 3), that $1 million policy is the main bucket of money for everyone’s injuries and car repairs. But if that same driver was in Period 2, the lower limits apply. Victims might have to file claims against other at-fault drivers or use their own uninsured/underinsured motorist coverage if their damages are more than the DNC’s policy will pay. What if the Grubhub driver didn’t cause the wreck, but another car did? In that case, the at-fault driver’s insurance is primary, and you might not even touch the Grubhub commercial policy. Sorting all this out means we have to investigate every angle.
Immediate Steps After a Grubhub Driver Collision
If you’re in a multi-car collision in Denver involving a Grubhub driver, what you do in the first few minutes can make or break your ability to get paid. First, make sure you’re safe and get medical help for any injuries. Things that seem minor at the scene can become serious later. Call the police so you get an official accident report which is a critical piece of paper that has party information, an initial take on fault, and maybe even a note about the Grubhub driver’s work status. Then, get your phone out and start gathering evidence. Take pictures of everything: all the cars, where they ended up, the damage, skid marks, traffic lights, and any other landmarks. Get names and numbers for all drivers and any witnesses who saw what happened. Make sure you ask the Grubhub driver what they were doing on the app, were they logged in, waiting for an order, or actively on a delivery? They might not tell you the truth, but any statement they make is valuable. Don’t just take their word for it. You need independent verification, which usually means getting a lawyer to demand the dispatch logs and electronic data from Grubhub.
The Role of Legal Counsel in Complex Liability Cases
Trying to sort out HB 123 and its tiered insurance system on your own, especially in a multi-car pileup, is a bad idea. It almost always requires an experienced personal injury attorney. A good lawyer can figure out the driver’s exact status, which insurance policy is on the hook, and the total coverage available. They also handle gathering the proof, dealing with the insurance companies, and fighting for a fair settlement. For example, an attorney can issue subpoenas and force Grubhub to turn over trip logs and driver activity data. That data is often the only way to prove what period the driver was in. We also tear apart the police report, track down and interview witnesses, and look for any surveillance video to build a case for who’s at fault and what your damages really are. In multi-car wrecks, assigning fault percentages gets ugly, and a legal team is there to fight for you and make sure you aren’t unfairly blamed. We see this all the time in Fulton County Superior Court, where contested liability and commercial policies make these cases incredibly difficult.
Impact on Victims and Future Considerations
HB 123 is good news because it gives victims a clearer shot at getting compensated after a wreck with a Grubhub driver. The higher insurance minimums in Periods 2 and 3 provide much better financial protection for people who are hurt. The bad news? The burden is still on you, the victim, to prove the driver’s status. This means you have to act fast and investigate thoroughly right after the accident. The gig economy isn’t going away, so we expect to see more laws and court rulings that tweak how these cases are handled. Sometimes the Georgia Department of Driver Services (DDS) has records on a driver’s commercial license status, which can be another piece of the puzzle. It’s on you to stay informed about your rights in this changing legal world. Don’t ever assume your own car insurance will cover everything if you’re hit by a delivery driver. The specific facts of the crash change everything. If you’re caught in a multi-car Grubhub crash in Denver, knowing Georgia’s new liability laws is the most important thing. The tiered system in HB 123 controls the money available, and that makes getting good legal advice and starting an investigation immediately non-negotiable.
What is this Georgia House Bill 123 and when does it take effect?
Georgia House Bill 123 is a new law that sets clear insurance and liability rules for gig drivers (think Uber, Grubhub). It officially takes effect on January 1, 2026. The technical details are in O.C.G.A. Section 33-1-24 and amendments to O.C.G.A. Section 40-6-10.
How does a Grubhub driver’s “period” of activity affect my accident claim?
The driver’s “period” is everything. It determines which insurance policy pays and for how much. Period 2 (app on, waiting for a job) has lower coverage than Period 3 (on an active trip), which requires a big $1 million policy. You have to prove which period they were in.
What’s the minimum insurance for a Grubhub driver on a delivery in Georgia?
When a Grubhub driver is actively on a delivery (Period 3), the new Georgia law says Grubhub has to provide a primary liability policy of at least $1 million. This covers bodily injury, death, and property damage combined.
What evidence is most important to get after a multi-car crash with a Grubhub driver?
Get photos of the entire scene, all the car damage, and the road. Get contact info from every driver and witness. And importantly, ask the Grubhub driver their status on the app at the moment of the crash. Also, make sure a police report gets filed.
Can I sue Grubhub directly if their driver hit me?
Under HB 123, you go after Grubhub’s insurance policy. If the driver was in Period 2 or 3, their commercial insurance is on the hook. This lets victims file claims against that policy. Suing the company directly is a different, more complicated fight that depends on things like their employment relationship with the driver, so most claims start with their insurer.
