A Work Truck or Delivery Van Hit You. Who Do You Claim Against?

Reviewed by the licensed brokers at Auto World Insurance Services, California Insurance Broker Licence #6005606 · Updated October 2026

Quick answerUsually the vehicle owner's insurer: in California, Vehicle Code 17150 makes an owner liable for a driver using the vehicle with permission, and when the driver is the owner's employee, the statutory cap on that owner liability does not apply. Collect the company name and vehicle number at the scene. A delivery driver in their own car may be on a personal policy that disputes coverage, which can open your uninsured motorist coverage.

Box trucks, contractor pickups, delivery vans, utility trucks: a crash with a working vehicle brings an employer, and often a commercial insurer, into the claim. That can help, because a business policy may carry higher limits than a personal one. It also adds a layer of questions about who was responsible.

What California law says about owners

Vehicle Code 17150: every owner of a motor vehicle is liable for death or injury to person or property caused by negligence in its operation by anyone using it with the owner's express or implied permission, in the owner's business or otherwise. Vehicle Code 17151 caps that owner liability, but not when it arises through the relationship of employer and employee or principal and agent. A government vehicle is covered separately: Vehicle Code 17001 makes the public entity liable for its employee's negligent driving.

At the scene: what to collect

The driver's name, license number and insurance information, as for any crash (Vehicle Code 16025).
The company name on the door, any fleet or unit number, and any regulatory number painted on the vehicle.
Photos of the whole vehicle, including signage and the plate.
Whether the driver says they were working, and where they were headed. Write it down.
Witness names and numbers.

Step by step afterward

Report to your own insurer the same day. If the car needs repair now, collision can pay and your insurer can pursue the company.
Open a claim with the company's insurer. If the driver gave only personal insurance details, ask the company directly for its insurer and claim contact.
Expect a commercial adjuster, possibly from a claims administrator the business uses. Ask for everything in writing.
File your SR 1 within 10 days if anyone was hurt or any one person's damage exceeds $1,000.
If the vehicle belonged to a city, county or state agency, a different process and a six-month claim deadline apply.

Who will contact you

Expect a call from the company's insurer or its claims administrator, and possibly from the company itself, which may ask for your account of the accident. You can give the facts in writing and refer questions about fault and value to the adjuster. If you were hurt, keep your medical records and wage information together from the start, because commercial claims can take time to resolve.

Delivery drivers in their own cars

Many deliveries are made in personal vehicles. A personal auto policy may exclude delivery use, and whether a platform's coverage applies depends on its terms and the driver's status at the time. If the driver's insurer denies coverage, California's uninsured motorist statute treats the vehicle as uninsured, so your own UM and uninsured motorist property damage options can respond, subject to their conditions.

What can go wrong

"I was off the clock." Whether a driver was acting for the employer is a factual dispute that can delay the claim. Your notes from the scene matter.
Only the driver's personal details. Without the company name, it can be hard to reach the right insurer.
Waiting while two insurers argue. Use your own collision for the car and keep your UM deadline in view: two years from the accident.

A crash with a commercial vehicle is a good reason to look at your own UM limits. Request a quote to compare options.

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More of what callers ask

Can I claim against the company if its employee hit me?

Generally yes. Vehicle Code 17150 makes an owner liable for permitted drivers, and the 17151 cap on owner liability does not apply when the driver is the owner's employee.

What if the delivery driver was using their own car?

Their personal policy may exclude delivery use. If their insurer denies coverage, California treats the vehicle as uninsured for your UM claim.

What if a city truck hit me?

Claims against public agencies follow the Government Code, including a six-month deadline to present a claim for injury or property damage.