If you’re involved in a collision with a delivery vehicle, the claims process can become very complicated in a hurry. You may be facing medical costs and lost wages, on top of insurance information that can confuse you. Therefore, knowing some of the steps you will take in the beginning can give you much-needed protection, as it relates to your health and your legal rights.
For instance, if you were injured in a case where an Amazon delivery driver struck you, you may have special related questions about liability. Understanding this is one reason these types of claims can be more complex to handle than a traditional vehicle accident.
This article is designed to help you understand what to expect after a delivery vehicle crash. You will learn how to make an accident report, how to deal with the insurance company, how to gather your evidence, and how to protect your right to a fair amount of compensation for your injuries.
Make an Accident Report and Get Medical Treatment
The first step you will need to take is to report the accident to your local law enforcement. The police report serves as an official record of the accident. Insurance companies will usually require a police report as a part of the claims process. In many states, failing to report an accident causing injury or damage to a vehicle is illegal.
For example, in California, under any circumstances pertaining to injury or death, and in accordance with California Vehicle Code §20008, the driver shall report the accident within 24 hours.
You should also consider obtaining medical treatment immediately. Some injuries may not be immediately apparent, like whiplash or even internal injuries. If you ever need to establish your damages later, your medical records will serve as the best evidence.
Identify Who May Be Liable
In a situation like a delivery vehicle accident, liability can get very complicated very quickly because there can be multiple potential liable parties:
- The delivery driver
- The delivery company (Amazon, UPS, FedEx, etc.)
- Any subcontractor or third-party logistics company
- The vehicle manufacturer (in the event of a defective vehicle)
Who is liable depends on the specific circumstances, like their status as either an employee or a contractor, as well as any contracts with those companies. For example, Amazon often employs independent contractors to drive the delivery vans. Courts might consider whether the driver acted within the scope of the duties of the job at the time of the crash.
Dealing with the Insurance Company
You will likely need to make claims to multiple insurance companies. This may include your own insurance company and the delivery company’s insurance company. And typically, each company will be looking to reduce costs wherever they can.
Insurance adjusters may ask for recorded statements or to settle the claim quickly. Be cautious when agreeing to either. Once you agree to a settlement, you will subsequently be unable to ask for additional funds at a later point. Limit your discussion with insurance to short factual statements.
Gather and Maintain Evidence
Evidence is critical to a solid claim. Without it, insurers can deny or underpay. You can:
- Request a copy of the police report.
- Maintain any medical documentation and bills.
- Take photos of the accident scene, damage to your vehicle, and injuries.
- Get contact information for witnesses.
- Save any pay stubs to account for lost income.
- Place all documentation into a folder. Having everything in one location helps smooth the claims process.
Deadlines for Claims
All states have timelines, also referred to as statutes of limitations. If you miss the deadline, you will lose your right to file. Texas Civil Practice and Remedies Code §16.003 provides that, generally, you have two (2) years from the date of the injury to file a lawsuit for personal injury from a motor vehicle collision.
Because timelines vary between states, you should review your local law or contact an attorney shortly after the accident.
Final Words
It could involve various parties in the claim process for a delivery car accident. The other associated issues are strict timelines and complex insurance. Hence, it would be better for you to know what to do beforehand, which would certainly be helpful for you in this regard.
You have to collect proper evidence, know who is liable, and be cautious with the insurance adjusters. This is how you would be able to protect your rights and get fair compensation.
By gathering evidence, knowing who may be liable, and being cautious with insurance adjusters, you protect your right to fair compensation.
Summary of Important Items
- Immediately report the accident to the police and seek medical attention.
- There could be multiple responsible parties, which include the driver, the delivery company, and contractors.
- The insurance adjusters may fast-track your case for a settlement—be careful.
- Gather evidence in a binder, such as medical documents, bills, and photos.
- Know what type of compensation you may be able to prove.
- Watch for deadlines within the state for filing your claim.
Also Read: The Role of a Business Establishment in a DUI Accident
