With the increasing demand for e-commerce also comes an increase in the number of delivery vans and trucks that are on the road today. This increase in delivery driver traffic also prompts an uptick in car accidents involving these drivers.
Read on to learn what to do if you’re injured in an accident with a delivery van.
Employment Status Matters
Just because a delivery van is branded with the Amazon, FedEx, or UPS logo doesn’t mean the driver inside is an employee of the company. Delivery drivers are often not employees, but instead independent contractors, owner-operators, or gig workers.
Employees
If a delivery driver is an employee, the company they work for is usually liable for their negligence at work. For instance, most UPS workers are employees.
Independent Delivery Partners
Companies like FedEx and Amazon frequently utilize delivery partners who are branded with their logos and standardized uniforms but are not considered employees of the respective companies.
This is an important distinction because if you’re in an accident with one of these drivers, you’ll have to sue the delivery partner for compensation, but it doesn’t mean that Amazon or FedEx is off the hook or can’t be sued. We have successfully litigated against these types of companies holding them responsible for their actions in causing the crash.
Gig Workers
Companies like Grubhub and Instacart typically hire gig workers as delivery drivers and insist that the drivers maintain their own insurance policies. If you’re involved in a collision with one of these drivers, you’ll need to file a claim with their personal insurance policy for damages as well as the company that they are delivering for.
However, it is common for insurance companies not to cover collisions that occur while the driver engages in commercial activity. That means unless the driver has purchased additional commercial coverage, they may be uninsured for your claim.
Not all gig worker drivers have adequate commercial insurance coverage, even though they drive for a living. If you’re in an accident with a delivery van driver who doesn’t have auto insurance coverage or who has too little coverage to pay for your damages, you may not be able to rely on their policy to adequately compensate you.
What To Do
If you’re involved in an accident with an employee, you should file a claim with the company they work for.
If you’re involved in a collision with an independent delivery partner, you’ll need to file a claim with the delivery partner as well as the company that they are delivering for.
If you’re involved in a wreck with a gig worker, you must file a claim with their insurance company as well as the company that they are delivering for. If they are uninsured for commercial driving, then you may have to rely on your own insurance policy for compensation and/or file a lawsuit against the individual.
If you’ve been injured in a collision with a delivery van or any other vehicle for that matter, you may be able to recover compensation. Let our team see if we can help.
Contact the skilled team at Fellerman & Ciarimboli Law, PC today at (877) 989-4878 or by filling out our online contact form to discuss the details of your case.
