Delivery Driver Accident: How to claim compensation for personal injury caused by delivery driver
UK road accident solicitor sets out who you can claim compensation from if your involved in a delivery driver accident (looking at both when the driver is employed and self-employed); the types of losses you can claim; how your personal injury is calculated; the 3 ways you can make your claim for compensation with the option to discuss your claim with a specialist solicitor free of charge.
Delivery Driver Accident Question
I was driving home from Edgware to Edmonton in London. When I reached Edmonton – I was driving on a 30mph residential road. It was dark, but there was good street lighting.
A pizza delivery driver in a small van was travelling in the opposite direction to me when he suddenly turned right across my path causing me to crash into him.
Both my car and his van were badly damaged. A passer-by came to my assistance – he later gave me his details should I need them.
The pizza delivery driver was a young man, clearly in shock and apologetic. He said that he was delivering to a house on my side of the road and was going to do a U-turn to pull up in front of the house – he explained that he had been looking at his phone navigation and didn’t see me.
The police and ambulance arrived at the scene. I think a witness to the accident must have called them
An ambulance arrived and I was taken to hospital. I had banged my arm on the dashboard and head on the car door window. It all happened so fast and I was in shock, so I didn’t appreciate the extent of my injuries.
At hospital my left wrist had started to swell, an x-ray was performed and a fractured wrist was diagnosed. I was bandaged up and allowed to go home – no further tests were done.
In the days following the delivery driver accident, I experienced bad headaches and a lot of pain in my neck and shoulders. I also experienced numbness in my hands and tingling in my fingers.
A few days after the accident – I went to see my GP who referred me immediately back to hospital. At hospital a scan was performed on my neck, which showed a damaged vertebra in the cervical spine.
I am due back into hospital this week for the doctors to decide how best to treat me.
My motor insurer has written-off my car and have told me that the delivery driver was in a works vehicle. They have not received an admission of liability from the delivery driver’s insurer and I have been told by my motor insurer that I should seek legal assistance to make a claim for my injuries.
I am very confused as to what to do, who to claim from and I am feeling quite concerned about the whole experience.
Could you explain to me how best to make a claim and who I would be claiming against? I also have a large excess on my car insurance and I am concerned about the effect on my no claims and insurance premium of this pizza delivery driver accident.
Road Accident Solicitor Response
Thank you for your question. It is understandable that you are concerned following such a traumatic event. I will set out in simple steps who you can claim against, what you can claim for and how best to claim.
Who do you make a delivery driver accident claim against?
In the scenario you have described – the pizza delivery driver is in a works vehicle and is driving as part of his employment.
Consequently – the claim would be aimed at his employer and his employer’s motor insurer. The fact that a driving error was made by the individual delivery driver would still be classed as his employer’s responsibility.
An employer is known as being “vicariously liable” for the torts of his servants, which in plain English means – the employer is responsible for the negligent acts by an employee as though the acts were done by the employer themselves.
Aside: Many delivery driver accidents occur when the driver is using his own vehicle with his own motor insurance. Quite often the delivery driver is effectively classed as self-employed. In this type of claim – it is the driver himself and his private motor insurance that are pursued.
What types of compensation can you claim as a result of the delivery driver accident?
When you make a delivery driver accident claim – there are primarily two aspects which can be claimed:
1. Compensation For Pain & Suffering
You can claim compensation for the pain and suffering for all of your injuries – both physical and psychological.
As part of a claim – your solicitor would arrange for you to attend with an independent medical expert who will detail all of your injuries in a medico-legal report and recommend other medical experts with other areas of expertise that might also need to produce a further report..
Click traffic accident compensation to see our detailed article setting out how pain and suffering awards are calculated and click compensation amounts calculator to see our average payout calculations for all manner of personal injury.
2. Compensation For Financial Losses And Expenses – Including Vehicle Damage & Lost Income
You can claim for actual financial loss and expense caused as a direct result of the delivery driver accident. These include losses experienced so far and also future losses extending to after you claim has settled.
The sums will include the cost of repair or the write of value of your vehicle whichever is the lesser amount. This can be made direct from the pizza delivery driver’s employer and the business motor insurer.
Alternatively, you can claim for your vehicle damage from your own insurer. In this instance you would instruct your solicitor to recover your excess and ensure that your motor insurer receives their outlay from the other party, so that your no claims and premium are not affected.
You can claim lost income (both lost income up to the date of settlement and future lost income). Click salary compensation to read our detailed article setting out exactly what and how this can be claimed.
medical expenses, care and assistance in the home.
There are a number of other expenses that you can recover – click car accident compensation to see our article setting out the 13 most common types of financial loss that can be claimed in a road accident.
How do you make a delivery driver accident claim?
You have a number of choices as to how to proceed with a delivery driver accident claim:
1. Rely on the driver at fault’s insurer to help you make your claim
If the delivery driver’s motor insurer accepted fault – often the insurer will contact you to suggest that they could assist you with a claim.
You would of course rely on the insurer to be honest, gather all the correct evidence to support your losses, explain all the losses you can claim and make a fair offer.
BEWARE: This approach is not to be recommended especially when you suffer serious injury. You are effectively relying on the opposition / the person you are suing to help you. It is clearly not in their interest to obtain all the evidence to support a larger value claim and once you settle your claim it is in full and final settlement.
2. Use legal protection cover on your motor policy
If you have legal protection cover on your motor insurance – you could rely on this policy to find and fund an insurance panel solicitor to make your claim.
This is often a good approach to consider although many clients who have taken this route often complain that the solicitor is not pushing for the largest amount of compensation and wishes to settle their claim too soon.
3. Instruct an independent solicitor using a no win no fee
You can choose your own solicitor to help you make your claim.
Your solicitor should: obtain all of the evidence necessary to support all aspects of your claim; prove liability of the delivery driver (and his employer); ensure the correct medical experts are instructed; not settle your claim before your medical evidence is finalised; explain the records you should keep to support any financial losses; recover the maximum amount of compensation on your behalf.
Your solicitor would typically be instructed using a no win no fee – this could however result in a small deduction from your compensation for unrecovered legal costs.
Discuss your delivery driver accident with a specialist solicitor
Should you wish to discuss your delivery driver accident with me in person or you have any further questions about making a claim answered – feel free to call me direct on 0161 8346776 or click online road accident solicitor to make use of our online legal help options.