You were stopped at a red light when a delivery van rear-ended your vehicle. The driver said they were rushing to finish a route. Now you face medical bills and repair costs. Situations like this can be more complicated than a typical car accident. More than one party may be responsible, and more than one insurance policy could apply. Knowing what information to gather early can make a difference in pursuing compensation.
Who may be responsible for a delivery driver crash?
A delivery driver may be liable for a crash. A company may also be liable if the driver was its employee and was acting within the scope of employment when the crash occurred. In some cases, both may share responsibility.
California uses the ABC test to classify many workers. Proposition 22 treats qualifying app-based delivery drivers as independent contractors when the law’s conditions are met.
Which insurance policies may cover the accident?
The driver’s personal auto policy may exclude delivery work. Policy terms determine whether any delivery coverage applies.
A delivery network company must carry liability insurance of at least $1 million for each covered occurrence. The policy covers third-party injuries or losses caused by an app-based driver’s use of a vehicle while engaged in a delivery, if another qualifying auto insurance policy does not already cover the vehicle.
How can you show the driver was working?
Several types of records may help show the driver was working when the crash occurred, such as:
- The police report and the driver’s statements
- Photos of company logos, delivery bags or uniforms
- Witness accounts and delivery records
- App logs, dispatch records and timestamps
Gathering this evidence as soon as possible can help preserve what you need for your claim.
What should you do after a delivery driver crash?
Taking the right steps after the crash can help protect your claim, such as:
- Report the accident: Call law enforcement and get a copy of the police report.
- Document the scene: Take photos of the vehicles, damage and any delivery branding.
- Gather information: Get the driver’s contact and insurance details. Note the delivery company or app.
- Keep records: Save medical bills, repair estimates and insurer communications.
- Preserve delivery evidence: Keep records showing the driver’s delivery status at the time of the crash.
If you were hurt in a delivery driver accident in Ukiah or Mendocino County, an attorney who handles personal injury cases can review the facts and explain your options.