To file a claim against a delivery driver, work with a personal injury attorney in Tampa to determine what insurance coverage is available.
If the driver was an employee of a company, you may be able to pursue a claim against the company under vicarious liability laws. If the driver was an independent contractor and the company that contracted their services does not have third-party insurance, you may pursue a claim against the driver’s own insurer.
After identifying the correct insurer(s), begin the claims process by notifying the insurance company of your damages. A personal injury attorney can help you submit documentation, discuss your case with the insurer, send a demand letter, and negotiate a settlement. If no settlement can be reached, your attorney can also help you file a civil lawsuit.
When Can You File a Claim Against a Delivery Driver?
You may be able to file a claim against a delivery driver if the driver:
- Had a legal duty to you or an obligation to you, such as the obligation every driver has to others on the road to obey road safety rules and behave safely behind the wheel
- Breached the legal duty by violating a safety rule or behaving in an unreasonably negligent way while operating their vehicle during a delivery
- Caused you harm for which you can be compensated as a direct result of the breach. You must show that negligence or a safety rule violation was the direct cause of your harm and that you have suffered losses such as medical bills and physical pain
Florida’s no-fault auto accident law also requires that you make a claim with your own insurer for minor accidents or in situations when injuries are not serious or expensive to treat. As a result, you must show your injuries rise to the required level of severity to make your case.
Do You Need an Attorney to File a Claim Against a Delivery Driver?
There is no requirement that you have an attorney when you want to file a claim against a delivery driver. You could deal with the driver’s insurer directly. However, this could be a mistake.
Hiring a delivery truck accident attorney in Tampa helps you to identify all potential sources of insurance coverage and ensures you put together the strongest claim possible. A delivery truck accident lawyer can negotiate on your behalf, help you ensure you do not jeopardize your claim with your statements, and help you prove the extent of your pain and suffering and other losses so you can maximize your compensation.
How Long Do You Have to File a Claim Against a Delivery Driver?
The statute of limitations for Florida personal injury claims is two years from the time of the incident. You should act within this period of time to avoid your claim becoming time-barred.
Can Diaco Law Help With a Claim Against a Delivery Driver?
Diaco Law represents injured victims in auto accidents, including those involving delivery drivers. We have decades of experience in helping victims of delivery accidents. Contact us today at (813) 945-6110 to schedule a free consultation and learn more about how we can put that experience to work on your case.