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Often not the company whose logo is on the van. The van may be owned by one company, leased by a second, operated by a third and dispatched by a fourth. Your claim usually turns on which of them controlled the work, and which policy covers it.
Last mile delivery runs on contracted service partners, rented fleets and independent contractor drivers. That structure exists partly to separate the brand from the liability. It means the insurance that covers your crash is frequently not the one named on the door. What cannot wait is the electronic record of the route, which can be overwritten on a commercial schedule. Call 713-521-0059.
You work backwards from the vehicle and the driver. The starting points are the registration and the lease, and the DOT number if the van displays one. Next come the dispatch and route records and the driver’s employment or contractor agreement. The delivery app data can show who was directing the work at that moment.
Where the driver was on a schedule set by another company, that company’s control over the work is often what brings its policy into play. The facts of each arrangement decide how far up the chain a claim can reach. A label in a contract does not always settle who controlled the work.
More than most people expect. Many commercial delivery vehicles carry telematics that record speed, braking and location. Some carry cameras that face the road or the driver. The delivery app logs each stop, each package scan and the time between them. The dispatch system shows the route the driver was given and how many stops were left.
Most of that evidence sits with the companies, not with you. What you can gather yourself is still worth gathering. Keep the police crash report number, photographs of the scene and both vehicles, and the names and phone numbers of witnesses. Your own medical records begin with the first visit after the crash, so go early and describe every symptom.
In the first weeks, an insurer for one of the companies may call you. It may ask for a recorded statement or a signed medical authorization. You generally do not have to give a recorded statement to another party’s insurer. Your own policy may require you to cooperate with your own insurer. Before you sign an authorization, it is reasonable to find out which company that insurer covers and what you are being asked to sign.
Telematics, route data and app records are retained on commercial cycles. They are frequently gone before a claim is opened. A preservation letter to every entity in the chain, sent early, is the usual way to keep them. Each company may keep its own records on its own schedule, so one letter to one company is rarely enough.
Camera footage from nearby businesses and homes can matter too. Much of it records over itself within days or weeks. If you know a store or a neighbor with a camera facing the street, write down the address so the footage can be requested quickly.
That argument is common, and Texas law gives it a specific effect. Under Chapter 33 of the Civil Practice and Remedies Code, a claimant may not recover if found more than 50 percent responsible. Otherwise, recovery is reduced by the claimant’s percentage of responsibility. That is one more reason the route and camera data matter, because they can show what the driver was doing in the seconds before impact.
Keep every bill, receipt and explanation of benefits from the start. Under Section 41.0105 of the Civil Practice and Remedies Code, recovery of medical expenses is limited to amounts actually paid or incurred. What your health insurer actually paid can matter as much as the amount on the bill. Our page on who pays your medical bills while the case is pending explains how that works.
In most cases, Section 16.003 of the Civil Practice and Remedies Code requires suit within two years after the day the claim accrues, which is usually the date of the injury. There can be exceptions, and the facts decide which apply. The electronic evidence usually disappears long before that deadline, so the date that matters most is often much earlier.
Every statute and case linked above was read at its primary source. Texas statutes change every legislative session and case law is constantly changing.
This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney-client relationship.
The records behind these points are ordinary business records. Registration and lease papers, dispatch logs, route and stop data, the contracts between the delivery company and its service partners, and the insurance declarations for each company. Most are held by companies with no reason to keep them unless someone asks. That is why the preservation letters go out first.
We start by identifying every company in the chain, from the owner of the van to the company that dispatched the route. Then the first step is written notice to each of them, so the telematics, app and camera data are held before they are overwritten. We also check your own uninsured and underinsured coverage in case the policies in the chain fall short.
Schiffer Law Firm is a Houston personal injury firm with 50 plus years of combined experience representing injured people across Texas.
There is no charge to talk, and no attorney’s fee unless there is a recovery.
Written by Jacob Schiffer, Attorney, Schiffer Law Firm. State Bar of Texas No. 24105175.
Call 713-521-0059.
Sometimes, but not always. Last mile delivery often runs on contracted service partners, rented fleets and independent contractor drivers. Where the driver was on a schedule set by another company, that company's control over the work is often what brings its policy into play.
It is a written request, sent to each company in the chain, to keep the telematics, route data, app records and camera footage. Those records are retained on commercial cycles and are frequently gone before a claim is opened.
Not necessarily. The registration, the lease, the dispatch records and the contractor agreement can show who was directing the work. The facts of that arrangement usually decide whose policy responds.
Under Chapter 33 of the Civil Practice and Remedies Code, you may not recover if you are found more than 50 percent responsible. Otherwise, your recovery is reduced by your percentage of responsibility.
In most cases, two years after the day the claim accrues, which is usually the date of the injury, under Section 16.003 of the Civil Practice and Remedies Code. The electronic evidence usually needs attention much sooner than that.
There is no charge to talk, and no attorney's fee unless there is a recovery. Our page on how contingency fees work explains the arrangement.