Filing a Claim Against a Delivery Driver Who Hit You

Online shopping has become so prevalent that it has become common for delivery trucks to be present in neighborhoods. Unfortunately, it can also become a common occurrence to be involved in a car accident with a delivery driver.

This is mainly due to the time pressure imposed on these drives to make their deliveries on time. Pressure, stress, fatigue and at times, frustration, can lead to accidents.

If you become a party to this kind of auto crash, filing a claim against a delivery driver who hit you will be the next step. If you are not at fault, you will need to prove the damages you incurred to be properly compensated by the concerned insurer. However, when dealing with a delivery driver, some complications may exist.

Costly Injuries and Damages Due to the Mishap

If it can be proven that the accident was due to the delivery driver’s fault and that it occurred while in the scope of his employment, you may get compensation for the damages you sustained against the driver or the employer, depending on the insurance policy coverage or the vehicle used.

Some examples of damages which may be compensated include the following:

  • The vehicle’s depreciated value;
  • Repair of vehicle;
  • Repaint of the scratched portions of the vehicle;
  • Broken glasses, watch, mirrors, head lights, etc.
  • Lost income;
  • Future lost income;
  • All medical treatments due to injuries
  • Pain and suffering;
  • Loss of enjoyment; and,
  • Punitive damages.

To find out more how to determine damages in your personal injury claim click here.

You have the responsibility of providing the insurer the proofs of all expenses related to the incident. In terms of vehicle repair, estimates are normally performed by the insurance company.

Delivery Driver Accidents with Companies

Filing a Claim Against a Delivery Driver Who Hit You

Importance of Determining Fault

It is important to determine if the driver was using his personal vehicle when making a delivery. This is because a personal policy may not cover his accident while on the job.

He will not only lose insurance compensation for damages but even revoke his license and car registration in the process, depending on the statutes in the state where the accident occurred. As such, the driver will most likely dispute liability and point to you as the one at fault.

Moreover, if the driver is using his personal vehicle while on the job, his insurer may not compensate injuries and damages of the other party involved in the accident if it is the driver’s fault.

However, when the accident happened while working, you may go after the employer. You will need to prove that he was acting while in the course of his employment.

The employer will have vicarious liability for his employee’s negligence while on the job. It is therefore the insurance company of the employer which should pay you for injuries and damages to property.

The important thing is that you be able to prove that the delivery driver is the one who caused the accident. This can be done through several ways, i.e., providing photos of the accident, getting CCTV footages in the area, having a copy of the police reports and getting eye-witness statements.

Consulting with a Personal Injury Attorney

Filing a claim against a delivery driver who hit you, especially one who is on the job at the time of the accident, may prove difficult and complex. It is a legal matter that may be best handled by a personal injury lawyer.

State laws may differ and this should be closely considered when filing a claim.

Other significant matters should also be considered such as the vehicle used in the accident and the employer of the delivery driver. Given the number of factors involved, the results of your claim may vary. With the help of your attorney, however, the odds of getting a positive outcome for your claim is likely.

Take our free case evaluation to speak with a personal injury attorney today.