Introduction 
The holiday season is a time when delivery services see a significant uptick in their workload. With e-commerce booming and deadlines to meet, delivery vans are on the road more than ever. Unfortunately, this surge in deliveries often leads to an increase in accidents. Whether it’s a minor fender-bender or a more serious collision, the aftermath can leave you dealing with damages and injuries, and you may be wondering how to approach the insurance claim process.
1. What is Commercial Insurance for Delivery Vans?
When a delivery van hits you, the first thing you need to understand is that it is likely covered under commercial auto insurance. Unlike personal auto insurance, which is meant to cover accidents involving personal vehicles, commercial auto insurance is specifically designed for vehicles that are used for business purposes, including delivery vans.Types of Coverage in Commercial Auto Insurance
Commercial auto insurance can include several different types of coverage, which may vary depending on the policy. Here’s a breakdown of the most common types:- Liability Coverage: This is the part of the insurance that covers the cost of damages or injuries caused to others in an accident where the insured driver is at fault. This includes bodily injury and property damage.
- Collision Coverage: This covers the cost of repairs or replacement of the delivery van if it is damaged in an accident, regardless of fault.
- Uninsured/Underinsured Motorist Coverage: This provides protection if the driver of the delivery van is underinsured or doesn’t have insurance at all.
- Cargo Insurance: If the delivery van was carrying goods that were damaged in the accident, this coverage can help with those damages.
Dan Ryan
Attorney
Elizabeth Fitzgerald
Attorney
Our objectives remain clear in every case we pursue: To give every client, without delay, excuse or equivocation, our full attention, sound advice and forceful representation.
About Our Firm2. What to Do Immediately After an Accident with a Delivery Van
Immediately after any accident, it’s essential to remain calm and take the necessary steps to protect your safety and ensure you have all the information you need for the claims process. Here’s a detailed breakdown of the steps you should follow if you’ve been involved in an accident with a delivery van:Get Medical Attention
Even if you don’t feel injured right away, it’s crucial to seek medical attention immediately after the accident. Some injuries, such as whiplash, may not show symptoms until hours or days later. Delaying medical attention can also hurt your claim, as it may give the insurance company grounds to argue that your injuries were not serious or that they were caused by something other than the accident.Document the Scene
The more evidence you have, the stronger your case will be. Take pictures of the accident scene, the vehicles involved, and any visible damage to your car and the delivery van. If possible, also take a picture of the license plate of the delivery van and the driver’s identification.Collect Driver and Insurance Information
Ensure you get the name, address, phone number, and license number of the driver of the delivery van. Additionally, make sure to obtain the name of the delivery company, the company’s insurance provider, and the policy number. This is vital information for filing your claim.
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Get Witness Statements
If there were any witnesses to the accident, ask for their contact details and if they would be willing to provide a statement. Eyewitnesses can be critical in supporting your version of events, especially in situations where there may be conflicting reports.3. Contacting the Delivery Van’s Insurer
Once you’ve gathered all the necessary information, the next step is to contact the delivery van’s insurance company. This is typically the company that owns the delivery van, and it will be the one responsible for covering the damages.Reporting the Accident
You’ll need to inform the commercial insurer of the accident. Some companies may have a claims hotline, while others may require you to file a claim online. It’s essential to report the incident as soon as possible so that the insurance company can begin their investigation and process the claim.Provide Evidence
Be prepared to provide all the evidence you’ve gathered, including photos, the police report (if applicable), medical records, and any other documentation of the accident. Providing clear and thorough evidence will help your claim move through the system more efficiently.4. Filing Your Insurance Claim
When filing a claim against the delivery van’s commercial insurer, there are several steps involved that you’ll need to follow carefully:Fill Out the Claim Form
The insurance company will ask you to complete a claim form. Be thorough and honest when providing details. This will typically include information about the accident, your injuries, damages, and medical expenses. Double-check all the details before submitting the form to avoid errors that could delay your claim.Assessment by an Insurance Adjuster
After filing your claim, the insurance company will assign an adjuster to assess the situation. The adjuster’s job is to review the evidence and determine how much the insurance company should pay out. The adjuster may ask for additional information, conduct interviews, or even inspect your vehicle.Negotiation
Once the adjuster has completed their review, they will offer a settlement. In some cases, the initial offer may be less than what you deserve. If this happens, don’t be afraid to negotiate. If you have strong evidence, you can counter the offer. If the insurance company is not offering a fair settlement, you may need to hire an attorney to advocate for your interests.5. What Happens If the Claim is Disputed?
If the insurance company disputes the claim or the settlement amount, it can create a stressful situation. Insurance companies often look for ways to minimize their payout to avoid paying large settlements.Common Disputes
- Fault Disputes: The insurer may argue that the delivery van driver was not at fault, even when evidence suggests otherwise.
- Injury Disputes: The insurer may claim that your injuries were not serious or caused by something other than the accident.
- Damage Disputes: The insurer may argue that the damage to your vehicle is less than what you’ve stated or that it isn’t covered under the policy.
Escalating the Dispute
If the dispute cannot be resolved through negotiation, you may need to consider taking legal action. A lawyer can assist you in filing a lawsuit against the insurer or the company responsible for the delivery van, ensuring your rights are protected.6. How an Attorney Can Help
Navigating the claims process, especially when commercial insurance is involved, can be complex. Having a skilled attorney on your side can make a huge difference. They can:- Assist with filing the claim.
- Help gather and present evidence.
- Negotiate with the insurance company on your behalf.
- Provide legal representation in case you need to escalate the claim or file a lawsuit.