If a delivery driver hits your car in California, the company behind that driver carries commercial liability insurance with significantly higher limits than standard personal policies. Acting correctly in the first 72 hours protects your ability to collect from the right insurer and prevents large corporations from deflecting liability onto parties with inadequate coverage.
Step 1: Call the Police and Document the Scene
Call 911 immediately and request a police report. A report is essential for delivery vehicle accidents because it establishes the driver's commercial status at the time of the crash and creates an official record linking the vehicle to the commercial operator. Photograph the delivery vehicle's logo, license plate, driver badge or uniform, and all company markings on the vehicle. Note the exact time of the crash, as the timing matters for determining whether the driver was actively on a logged delivery route at the moment of impact.
Identify Who Employs the Driver
The answer is not always the company whose branding appears on the van. Amazon uses 3 categories of delivery personnel with different coverage: Amazon Logistics drivers operating branded vans through Delivery Service Partners are covered by their DSP's commercial fleet insurance with Amazon maintaining additional coverage, Amazon Flex drivers using personal vehicles are covered by Amazon's $1 million commercial policy during active deliveries, and third-party courier contractors may rely on personal insurance with commercial-use exclusions. UPS and FedEx directly employ most of their drivers and carry substantial commercial fleet policies with high coverage limits.
Do Not Accept a Quick Settlement Offer
Large delivery companies have internal claims departments that move quickly to resolve accident claims at minimum cost. If a company representative contacts you within 48 hours offering a settlement, it is not a courtesy gesture. It is an attempt to close the claim before you understand the full scope of your injuries. Soft tissue injuries to the spine, neck, and head frequently do not manifest their full severity for days or weeks after the initial impact. Accepting an early offer forfeits all future recovery rights.
Preserve Evidence Before It Disappears
Delivery vehicles carry onboard cameras and GPS tracking systems that record route data and in-cabin footage at the time of every accident. This data is typically overwritten or deleted within 30 to 72 hours unless a formal written legal hold is placed on the company. Your attorney can send an evidence preservation demand to the company immediately after retention. Without this demand, critical footage and delivery data are routinely lost before litigation can compel their production.
California's 2-Year Statute of Limitations
In California, you have 2 years from the date of the accident to file a personal injury lawsuit. Acting within this window preserves your legal rights, but evidence collection and insurer negotiations benefit significantly from starting within days of the accident rather than months later. The longer you wait, the more camera footage is lost, witnesses' memories fade, and the company's legal team has time to build its defense.
When Multiple Insurance Policies Apply
Delivery truck accidents frequently generate disputes between the driver's personal insurer, the delivery company's commercial fleet policy, and in Amazon DSP cases, a separately structured coverage arrangement between Amazon and the DSP. Your attorney identifies all available coverage layers, files claims against the correct parties in the proper sequence, and prevents insurers from pointing to each other while your medical costs continue to accumulate.
Special Considerations for Amazon Flex Claims
Amazon Flex drivers who cause accidents while making deliveries in California are covered by Amazon's commercial auto policy, but only when the Flex app shows the driver was in active delivery status at the time of the crash. Flex drivers who are driving to a pickup location or have completed their last delivery may fall into a coverage gap. Preserving app status records from the Flex platform is time-sensitive and must be handled within hours of the accident.
Retain copies of all medical records, accident photographs, and insurer communications from the first day of treatment. Large corporate defendants have extensive legal infrastructure for managing injury claims and defending against them. Having a complete and well-organized file from day one positions your attorney to respond effectively at every stage and prevents the slow erosion of your case that occurs when documentation gaps emerge later.
Work With Avian Law Group
Our delivery truck accident attorneys handle Amazon, UPS, FedEx, and DoorDash accident claims throughout California, including complex DSP liability cases.
When injuries are serious or the vehicle involved is a large commercial truck, our commercial vehicle accident attorneys pursue corporate defendants in multi-policy claims.
For guidance on how to handle insurer communications after any vehicle accident, our car accident attorneys advise clients before any statements are given to claims representatives, protecting your account of the accident from being used against you by corporate defense teams.
Michael Avanesian, the founder and driving force behind Avian Law Group, is a passionate and dedicated attorney with a strong background in personal injury law. As a partner at JT Legal Group, Michael led the growth of the personal injury practice from a single employee to a team of over ninety professionals, securing over $2 billion in settlements for clients in just three years.
