Getting into a car accident brings a lot of stress. In these cases, you usually know who is liable, and that usually falls on the other driver. But what happens if I’m hit by a company vehicle? Now the situation can get even more complicated, whether it is a delivery van, utility truck, or ride-share vehicle.
Who’s responsible? Who pays for your medical bills? And what are your options if you’re hurt?
If you have been hit by a company vehicle, you probably have a lot of questions. The good news is that you may have more compensation options than in a typical car accident. Here’s what you need to know and what steps you can take to protect yourself and your recovery.
What To Do Right After the Crash
First, check for injuries and call 911 if anyone is hurt. Even if the damage seems minor, you need to report the accident and have a police officer document what happened. That report can be important if you take additional legal action.
Along with that, be sure to exchange information with the driver. You want to get their name, contact details, and insurance info. But also ask for the name of their employer and what they were doing at the time. Were they making a delivery? Driving between job sites?
Those details matter.
Take photos of the scene, the vehicles, license plates, and any visible injuries. Also, do not skip the trip to the doctor even if you feel “okay” right away. Injuries like whiplash or concussions can take hours or days to show up, and medical records help support your claim.
Who’s Responsible When a Company Vehicle Is Involved?
In many cases, if someone is driving a company vehicle as part of their job and causes an accident, their employer can be held legally responsible. This is based on a legal concept called respondeat superior.
That means employers are responsible for employees’ actions while doing their jobs.
If the person who hit you was making deliveries, heading to a service call, or otherwise “on the clock,” their company’s insurance policy will cover the damages. However, there are exceptions. If the driver was off-duty or using the vehicle for personal reasons, such as running errands on their lunch break, the company might try to argue it’s not responsible.
This is called a “frolic and detour” situation.
What If the Driver Is an Independent Contractor?
This is where things can get a little tricky. Some companies, especially those using gig workers, like delivery services or rideshare platforms, classify their drivers as independent contractors instead of employees. Even Amazon and FedEx have labeled some truck drivers as contractors.
This can affect who is liable and what insurance coverage applies. That does not necessarily mean you are out of luck. Many companies still carry commercial policies covering accidents involving their contractors, especially when working. However, these situations can get complicated quickly.
You will definitely want to have a professional review of your case so you know your legal options.
Filing an Insurance Claim
If the company is responsible, you may be able to file a claim under their commercial auto insurance policy. These policies usually have higher limits than personal policies.
That means there may be more coverage available for losses like:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
To make a claim, you will want to keep all records related to the accident, such as:
- Police reports
- Doctor visits
- Receipts
- Missed workdays
- Correspondence with insurers
You may also want to write down how the injury is affecting your daily life in a physical, emotional, and financial manner.
When a Lawsuit Might Be Necessary
Hopefully, the company’s insurance will offer a fair settlement. Sometimes, they can deny responsibility or lowball your compensation. In these cases, you might need to take legal action. Filing a personal injury lawsuit does not mean you are going to court right away.
It means you are protecting your right to seek fair compensation if negotiations fail.
An experienced personal injury lawyer can guide you through this process, deal with the insurance company on your behalf, and make sure you are not pressured into accepting less than you deserve.
What If the Company Vehicle Belonged to the Government?
Special rules apply if a city, county, or state agency operated the vehicle that hit you. You may need to file a formal notice of claim within a very short window. In Illinois, the statute of limitations could be as short as a year after the accident. The claims process for government entities can be tricky.
You’ll want to act quickly. Being hit by a company vehicle adds a layer of complications to an already stressful situation. However, it also means more insurance coverage may be available to help you recover from your injuries and losses.
At Thomas Law Offices, we assist with your car accident claim, whether taking action against a single driver or their employer. Our attorneys are ready to help with your claim.
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