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Picture this. You are stopped at a light on Woodward, or waiting to turn onto a side street in Ferndale. A delivery van backs out of a driveway a little too fast, and before you can react, your car is hit. Your neck is sore, and your bumper is hanging by a thread.
The van driver gets out and apologizes. He hands you a business card for a company you have never heard of. Within a day or two, your phone starts ringing, with one call from an insurance company and another from a different insurance company entirely.
Someone mentions the delivery company's name. You are left wondering who is actually responsible for your medical bills and the paycheck you are about to miss. This kind of confusion is common after a crash involving a commercial delivery vehicle, and it rarely resolves itself with a single phone call.
First Things First: Michigan No-Fault Still Applies
PIP Benefits Come Before Anyone Talks About Fault
Personal Injury Protection, or PIP, generally pays medical expenses and wage-loss benefits. This applies regardless of who caused the crash. In most situations, this claim goes through the injured person's own auto insurance policy first. Fault is a separate conversation for later.
What Happens If the Injured Person Doesn't Own a Car or Have Their Own Policy
Not everyone hit by a delivery van owns a car or carries their own auto policy. Michigan law accounts for this through resident relative policies and assigned claims processes for those without other coverage. These situations are fact specific and often benefit from a closer look.
- A resident relative's policy may apply if the injured person lives with a family member who has coverage.
- Pedestrians and cyclists without their own auto policy may still qualify for PIP benefits through an assigned claims process.
- This step should never be skipped just because the delivery van was obviously at fault.
Walking Through the Scenario: What Happens in the Days After the Crash
The Immediate Aftermath
At the scene, it helps to get more than just the driver's name and license plate. The delivery company's name matters too. So do the van's markings and any dispatch or tracking numbers visible on the vehicle. A police report that documents these details creates a helpful starting point.
The First Medical Visit
Seeking medical care promptly serves two purposes. It addresses the injury itself, and it creates a documented record connecting the crash to the treatment. Waiting several days to see a doctor can create gaps that insurance companies may later question.
The Phone Calls That Start Coming In
It is common for more than one adjuster to reach out after this type of crash. One call might come from the van driver's personal insurer, another from the delivery company's commercial carrier. Sometimes a third call comes from a logistics company involved in the delivery chain.
Whose Insurance Actually Pays: Breaking Down the Layers
The Delivery Company's Commercial Policy
Commercial auto policies often carry higher coverage limits than a typical personal auto policy. This is one reason identifying the correct policy matters so much. Coverage can look different depending on ownership. A company-owned van is treated differently than one owned by a contracted driver.
- Company-owned vans are typically covered under the business's own commercial fleet policy.
- Contracted drivers using personal vehicles may have coverage split between their own policy and the company's contractor coverage.
- Some companies require contractors to carry a minimum level of coverage as a condition of the work.
When the Employer May Share Responsibility
Employers can sometimes share legal responsibility for a commercial vehicle accident caused by their driver, a concept generally known as vicarious liability. Whether it applies depends heavily on the specific facts.
The driver's employment status and what they were doing at the time both matter. This is not something that can be assumed without a closer look.
Where an Attorney's Involvement Tends to Matter Most
Identifying every policy that could apply is often harder than it sounds. Delivery companies are not required to volunteer certain records. This includes whether a driver was on the clock or which insurance program covers a specific van. Legal guidance frequently makes the biggest difference in a case like this.
Medical Bills: What Gets Paid, By Whom, and In What Order
PIP as the First Layer
PIP benefits are generally designed to cover reasonable and necessary medical expenses related to the crash. This includes emergency care, follow-up treatment, and related medical services. The specific scope of what qualifies can vary. It helps to review this with someone familiar with current Michigan no-fault rules.
When a Third-Party Claim Against the Van's Insurer Comes Into Play
A claim against the delivery company's commercial insurer typically follows the PIP claim rather than replacing it. This type of claim often becomes relevant when injuries are serious or when costs exceed what PIP alone addresses. It is a separate track that runs alongside, not instead of, the no-fault process.
Keeping Records That Actually Hold Up
Insurance companies and courts tend to weigh consistent, well-documented medical records heavily. Gaps in treatment, missed appointments, or inconsistent descriptions of pain can all complicate a claim later.
- Keep copies of every medical bill, visit summary, and prescription record.
- Follow through on recommended treatment plans, even when symptoms start to improve.
- Write down how injuries affect daily activities, since this detail is easy to forget later.
Lost Wages: How That Gets Documented and Paid
Wage Loss Under No-Fault
Michigan's no-fault benefits generally include wage-loss coverage for time missed due to injury. This typically requires documentation from an employer verifying lost income, along with medical records supporting the inability to work. Accuracy on these forms matters, since errors can delay payment.
What Self-Employed or Gig Workers Should Know
Metro Detroit has no shortage of freelancers, contractors, and gig workers. Wage documentation looks different for this group. Without a traditional employer to verify lost income, self-employed individuals often rely on tax records, invoices, or business records instead.
- Recent tax returns can help establish a baseline income figure.
- Invoices or contracts show what work was scheduled during the recovery period.
- Bank records can sometimes help fill in gaps that other documents miss.
When Lost Wages Extend Beyond No-Fault Limits
Recovering lost wages under no-fault is not unlimited. When missed income extends beyond what PIP covers, a third-party claim may help. This claim would run against the delivery company's insurer. It typically depends on the extent of the injury and how long recovery takes.
What Not to Say to an Insurance Adjuster
Common Phrases That Can Be Misread as Admissions
Saying "I'm fine" at the scene, even out of habit, can end up in a claim file. It may later be used to question the extent of an injury. Agreeing to a recorded statement before understanding its purpose can also create complications. Speculating about who was at fault, even casually, is best avoided entirely.
Why Delivery Company Adjusters May Approach Calls Differently
A friendly check-in call from an adjuster can sound harmless. It may still be gathering information for a recorded statement. Delivery company representatives sometimes reach out quickly after a crash. Their goals are not always the same as the injured person's goals.
A Simple Rule of Thumb for These Calls
Sticking to basic facts, such as the date, location, and vehicles involved, is generally safe. Declining a recorded statement until speaking with an attorney is a reasonable and common choice. Detailed questions about injuries, treatment, or fault can be redirected to legal counsel.
Moving Forward After a Delivery Van Accident
Getting hit by a delivery van can leave you dealing with more than just a sore neck or a damaged bumper. The layers of insurance and the unfamiliar company names add to the stress. So do the calls from adjusters. None of that confusion is a reflection of anything you did wrong.
With the right information and the right support, these situations become far more manageable. Knowing how PIP works helps. Understanding where employer responsibility might come into play helps too. Keeping careful records puts you in a stronger position, whatever comes next.
Talk to Someone Who Knows These Cases
At LSM Lawyers, we have spent over 50 years of combined expertise helping people throughout Berkley and Metro Detroit sort through situations exactly like this one. When you call, Tony Shapero often reaches out to new clients personally. You get the support of our entire team from the start.
This content is for general informational purposes only and does not constitute legal advice. Results vary by case, and past results do not guarantee future outcomes. Contact LSM Lawyers for guidance specific to your situation.