There are several things to consider if you were hit by a United Parcel Service (UPS) driver. First, you need to know if the insurance company thinks if you are at fault for the accident. This is important in Virginia because Virginia is a pure contributory negligence state. If you are even 1% at fault for the accident, you will be barred from recovering damages through UPS insurance.
There are several things to consider if you were hit by a Next, you need to know if the UPS driver was on-duty and within the scope of their duties as a UPS driver. This important distinction will tell you if you need to file a claim against the driver or UPS.
If a UPS Driver Caused the Accident, Do I Sue the Driver or the Company?
If a UPS driver caused a car accident during the normal course of their duties, you would technically sue the company. This is also known as respondeat superior; where an employer is liable for negligent acts caused by the employee while that employee was on duty.
To recover damages when you were injured by someone working for UPS, you need to prove:
- The at-fault driver was employed by UPS
- The at-fault driver caused the accident while “on-the-clock”
- The at-fault driver was engaged in their normal work activities when they caused the accident
The first two criteria are relatively easy to prove in a lawsuit, but the third criterion is a little more ambiguous. If the driver was taking a lunch break, or if they decided to run an errand while at work, UPS could argue that they weren’t responsible for the employee’s actions that caused the accident.
If your claim meets all three criteria listed above, you can begin the process of filing a claim with UPS’s insurance. You can read more about UPS’s auto liability insurance by visiting UPS.com (PS, when you hire an experienced personal injury lawyer like our team here at BenGlassLaw, we will look into all parties liability insurance on your behalf).
Who Do I Contact if a UPS Driver Causes an Accident That Wasn’t My Fault?
There are several key pieces of evidence you can gather at the accident to help your case including:
- Witness reports
- Police reports
- Footage from highway cameras or dashcams
- Pictures of the damage to your vehicle and/or debris on the road
Be sure to give a statement to police about how the accident happened. If you were taken from the scene in an ambulance, reach out to the police in the city or county where the accident occurred and give your statement over the phone. The accident report will record the facts of the case and can help when you are dealing with the insurance company.
Do UPS Accidents Have a Higher Personal Injury Settlement Value?
The short answer is “no.” UPS has a decent auto insurance policy with higher-than-average limits of liability. There is more money available in the UPS policy to cover property damage and medical bills, assuming there is no dispute about liability for the accident.
However, your injuries are not “more valuable” because the accident was caused by a UPS driver. The insurance company will look at your medical bills and property damage and (ideally) make an offer that will cover these expenses plus pain and suffering.
There is no formula for calculating an accident settlement. If the insurance company isn’t making a fair offer, your best option is to contact an attorney to review your claim and help you negotiate a fair settlement.
