If you are looking to file a delivery vehicle accident claim, there are a few key steps you need to take. First of all, you should work to determine who was liable for the accident.
For example, if an independent contractor driver was drunk or impaired while behind the wheel, the driver would likely be liable in this scenario. If that at-fault driver was operating a car, van, or truck owned by another entity, (meaning owned by someone other than himself,) that other entity may have what is referred to as vicarious liability, meaning they liable as a matter of law due to their ownership, but not necessarily because their negligence contributed to the accident. That said, if that company that owned the truck was in fact negligent in hiring this driver, perhaps for not screening his driving record, for example, this could also be a basis for finding liability against that company. On the other hand, if a faulty mechanical part in the driver’s vehicle caused the accident, it is even possible the manufacturer of the vehicle could have liability if that mechanical part was defective or improperly designed. This variety of examples is given to underscore the point: Contacting a lawyer will help you to identify who all liable parties are and hold them accountable for their actions. A lawyer will file a claim on your behalf and be prepared, if indicated, to file suit, litigate and, ultimately, argue your delivery vehicle accident case before a judge and jury. It is important to remember that, in most states, you have a limited timeframe to take action after an accident that causes personal injury.
For example, the statute of limitations set forth in the New York Civil Practice Law & Rules (CVP) §214 states that you have a limited amount of time to file a lawsuit after an incident that causes a personal injury. It is most prudent to consult with an experienced and dedicated delivery vehicle accident lawyer as soon as possible after your incident. In addition to the statute of limitations, along with other clam and lawsuit deadlines, a lawyer can then begin to compile various forms of evidence, such as witness statements and dash-cam or surveillance video, and begin to construct the most compelling case possible on your behalf.
Filing a Claim and Dealing with Insurance Companies
Depending on the particular facts of your accident, your own car insurance policy may contribute to covering your losses. While many people initially recoil upon hearing this, thinking, “it was the other driver’s fault. Why should my insurance company pay for anything?” Certain benefits must, by law, be paid by your company. For example, under New York’s No-Fault laws, medical expenses are covered by the insurance company of the host vehicle. Of course, when a delivery driver is responsible for an accident, then it is likely that you will want to pursue any forms of compensation that you may be owed from them. Rest assured, guiding you throughout this process, and winning the best possible outcome for you is our goal.
The way your claim is processed depends on several factors. For example, some delivery companies hire independent contractors or gig workers who use their own vehicles to complete deliveries. In these cases, your lawyer would file a claim with the driver’s car insurance company.
Large vehicles with a higher center of gravity, such as the kinds that many companies tend to use to deliver their products, are often more prone to rollover accidents than smaller vehicles. Rollover accidents present some unique dangers and can lead to severe personal injuries. Depending on your case, you could be seeking to file for property damage as well as costly medical expenses from your injuries.
Dealing with the insurance negotiation process that often follows an accident with a delivery vehicle can be challenging and stressful. Insurance agents could ask you to settle quickly or deny a claim based on complicated factors. If you have a lawyer working on your case, they will take care of these communications on your behalf. A lawyer can handle negotiations in the process of determining a value for your case and going after any forms of compensation that you may be owed.
For a free legal consultation, call 516-932-0400
Contact Friedman & Simon, L.L.P. Today
If you are wondering how to file a delivery vehicle accident claim, you may have many legal and financial questions. Accidents with delivery vehicles can involve a number of considerations. Trying to take care of the legal issues that often follow accidents of this kind can be difficult, especially when you are up against complications from personal injuries or even emotional injury.
A lawyer from Friedman & Simon, L.L.P., will help you file a claim after an accident with a delivery vehicle. Our team will keep you updated on your case, identify liable parties, communicate with all parties for you, gather evidence, and determine a value for your case. Our team is willing to meet with you on Long Island or elsewhere in New York. We can even assist clients in different languages.
For a free consultation, call us today at (516) 932-0400.