Content reviewed by:
Alex Shulman
When a company van hits your vehicle, the driver as well as the business that owns the van is often responsible for paying your damages. In many commercial vehicle accidents, multiple parties may share liability. New York’s No-Fault insurance rules may play a role as well.
Figuring out who actually owes you money is rarely straightforward, and it is often a good idea to get legal help. An attorney can help you understand your rights, identify every party responsible, and build a case that reflects the full extent of your losses.
Our car accident lawyers in New York have over 200 years of combined experience helping injured New Yorkers get compensation they deserve after an accident. Call today to schedule your free consultation and tell us what happened.
Is a Company Responsible if Its Driver Causes an Accident?
Liability in a company van accident usually starts with the driver, but it rarely ends there. Under a legal principle called respondeat superior, an employer can be held responsible for harm caused by an employee who was acting within the scope of their job at the time of the crash.
This matters because businesses carry commercial insurance policies with much higher coverage limits than personal auto policies. Pursuing the employer directly gives you access to those larger limits, which is important when your injuries are serious.
The question is whether the driver was on the clock and performing a work-related task at the time of the crash. Delivering goods or running a company errand typically qualifies.
What if the Driver Was an Independent Contractor?
Companies sometimes claim that their driver is an independent contractor instead of an employee. They use this claim to avoid responsibility for the driver’s actions. In New York, courts often look at how much control the company had over the driver’s work.
If a business sets the driver’s schedule, provides the vehicle, or supervises the work, a court may find the company responsible. This is a common defense strategy, but it doesn’t always succeed.
To understand the employment relationship, we will review records and correspondence between the driver and the company. This kind of investigation takes time and legal knowledge, but it can greatly affect who ends up paying your claim.
How Does New York’s No-Fault Insurance Affect Your Claim?
New York requires drivers to carry Personal Injury Protection, commonly called PIP, which pays for your medical expenses and a portion of lost wages. It doesn’t matter who caused the crash; you file that claim through your own insurer first.
The No-Fault system is designed to speed up compensation for minor injuries. For more serious injuries, it creates a threshold you need to cross before you can sue the at-fault driver directly. New York defines this as a “serious injury” under the Insurance Law.
If your injury counts as a serious injury under New York law, you can go beyond No-Fault insurance and file a claim against the driver and their insurance company. This claim can include compensation for pain and suffering, which No-Fault insurance does not cover.
What if Multiple Parties Share Liability?
Some company van accidents involve more than two parties. Identifying every potentially liable party is part of building a complete claim. Additional parties may include:
- A third-party maintenance contractor who may have serviced the vehicle negligently
- A cargo loading company that may have packed the van in a way that affected the driver’s control
- Manufacturers of a defective vehicle component that contributed to the crash
New York follows a comparative fault rule, which means liability can be divided among multiple parties based on their share of responsibility. You can still recover compensation if you are 50% or less at fault (with your recovery reduced by your percentage of blame), but you are barred from recovering damages if you are found to be more than 50% at fault.
How Long Do You Have to File a Claim in New York?
New York’s statute of limitations for personal injury claims is generally three years from the date of the accident, per CPLR § 214. That may sound like plenty of time, but waiting too long creates significant issues with your case.
If a government agency or local government used the company van, you will have less time to file a claim. In New York, you usually need to file a notice of claim within 90 days of the accident. If you miss this deadline, you might lose your chance to make a claim altogether.
Starting the process early gives our attorneys time to investigate thoroughly, preserve evidence, and build the strongest possible case. The sooner you act, the more options you have.
Get the Help You Need After an Accident With a Company Van
If a company van gets into a collision, both the driver and the company that owns or operates it may pay your damages. In some cases, other people might also share this responsibility.
Determining who is legally liable is not always simple. Working with an experienced attorney can make the process easier by identifying every potentially responsible party, helping you understand New York’s negligence laws, and pursuing maximum compensation.
Our team at Shulman & Hill has recovered more than $1 billion for injured accident victims. Call today for your free consultation and find out how we can help.