Can Ups Deny Responsibility After A Crash?
It’s a frustratingly common scenario. Just because a large company like UPS denies responsibility doesn’t mean they aren’t liable. Understanding how these claims work, and the tactics UPS often employs, is crucial to protecting your rights. As a personal injury attorney practicing in San Diego for over 13 years, I’ve seen firsthand how insurance companies, including those representing UPS, attempt to minimize payouts. I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims.
UPS, like any other commercial entity, can be held responsible for the negligence of its drivers. This is based on the legal principle of *respondeat superior*, which essentially means an employer is liable for the actions of their employees while they are acting within the scope of their employment. However, proving this negligence, and successfully navigating the claims process, can be complex. UPS will likely investigate the accident thoroughly, gathering evidence to support their defense. They may argue their driver wasn’t at fault, or that your injuries aren’t as severe as you claim.
Can UPS Dispute the Police Report?
Yes, UPS can dispute the police report, and often does. A police report is not the final determination of fault. It’s simply an initial record of the accident based on the officer’s observations and witness statements. UPS will conduct its own investigation, potentially interviewing witnesses, reviewing dashcam footage, and analyzing the accident scene. They may present evidence contradicting the police report’s findings.
However, a police report still carries significant weight. If the report clearly indicates the UPS driver was at fault, it will be more difficult for UPS to deny responsibility. It’s important to ensure the police report is accurate and complete. If you believe there are errors or omissions, you should contact the investigating officer to request a correction.
What if UPS Claims I Was Partially at Fault?
UPS may attempt to argue you share some responsibility for the accident, invoking the principle of comparative negligence. California operates under a ‘pure’ comparative fault system, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, your damages will be reduced by 30%.
UPS will likely look for any evidence to support their claim of comparative negligence, such as speeding, distracted driving, or failure to yield. It’s crucial to gather evidence to counter their arguments and demonstrate your own due care. This could include witness statements, dashcam footage, and expert testimony.
How Long Do I Have to File a Claim Against UPS?
In California, you generally have **two years** from the date of the truck accident to file a lawsuit. Because trucking companies often begin evidence destruction (like purging ELD data) as soon as the law allows, immediate filing is critical to preserve the integrity of the claim. This is especially important in cases involving UPS, as they have a dedicated legal team prepared to defend against claims. CCP § 335.1
It’s important to note that this two-year statute of limitations applies to filing a lawsuit. However, you typically need to provide UPS with notice of your claim *before* filing a lawsuit. Failing to meet these deadlines can result in the loss of your right to recover compensation.
What Types of Evidence Does UPS Look For?
UPS will meticulously gather evidence to assess liability and minimize their payout. This includes:
- Driver’s Logbook: To verify hours of service compliance and driver fatigue.
- Vehicle Maintenance Records: To demonstrate proper vehicle upkeep.
- Dashcam Footage: If available, this provides a visual record of the accident.
- Accident Scene Photos: To analyze the impact point and vehicle damage.
- Witness Statements: To gather independent accounts of the accident.
- Driver’s Cell Phone Records: To determine if the driver was distracted.
It’s crucial to gather your own evidence as well, including photos of the damage, medical records, witness statements, and any other documentation supporting your claim. Preserving this evidence is vital to building a strong case.
What if UPS Offers a Low Settlement?
It’s common for UPS to initially offer a low settlement, hoping you’ll accept it without legal representation. This is a tactic to minimize their financial exposure. Do not accept any settlement offer until you have consulted with an attorney. I have over 13 years of experience handling personal injury cases in San Diego, and I can help you evaluate the fairness of any settlement offer.
I understand the stress and uncertainty you’re facing after a truck accident. Dealing with a large corporation like UPS can be overwhelming. I’m here to advocate for your rights and ensure you receive the compensation you deserve. My firm has a proven track record of success in negotiating with insurance companies, and we’re committed to fighting for the best possible outcome for our clients.
What Should I Do if UPS Requests a Recorded Statement?
UPS will almost certainly request a recorded statement from you. While you are not legally obligated to provide one, doing so can be detrimental to your claim. Insurance adjusters are trained to ask leading questions designed to minimize their liability. They may try to elicit statements that contradict your claim or undermine your credibility.
It’s best to politely decline the request for a recorded statement and refer them to your attorney. I can handle all communication with UPS on your behalf, protecting your rights and ensuring you don’t inadvertently say anything that could harm your case.
How Do Medical Liens Affect My UPS Claim?
If you received medical treatment for your injuries, the healthcare providers may place a lien on your settlement. A medical lien is a legal claim against your recovery to ensure they are reimbursed for their services. It’s important to understand the terms of the lien and negotiate with the healthcare providers to reduce the amount owed.
I have extensive experience negotiating medical liens on behalf of my clients, often securing significant reductions. I can also explore options for resolving liens through Medicare or other insurance programs.
What if the Accident Involved a Government Vehicle or Road Hazard?
If the truck accident involved a government-owned vehicle or a dangerous road condition maintained by a public entity, a formal administrative claim **MUST** be presented within **6 months** (180 days). Failure to meet this strict deadline under the Government Tort Claims Act can result in the permanent loss of your right to recover. Gov. Code § 911.2
These claims are often complex and require specific documentation. It’s crucial to consult with an attorney immediately to ensure you meet the deadline and properly present your claim.
What if UPS Tenders Their Policy Limits?
UPS may offer to tender their policy limits, meaning they are offering to pay the maximum amount available under their insurance policy. While this may seem like a good offer, it’s important to carefully consider whether it adequately compensates you for your injuries and losses.
I can help you evaluate the fairness of the policy limits tender, taking into account your medical expenses, lost wages, pain and suffering, and other damages. If the policy limits are insufficient, we can explore options for pursuing additional coverage from other sources, such as an umbrella policy or excess insurance.
How Does Comparative Fault Work in a Trucking Accident Case?
California’s ‘pure’ comparative fault system applies to trucking claims. Even if a truck driver argues you shared responsibility, you can still recover damages; however, your total compensation will be reduced by your percentage of fault. Civ. Code § 1714
UPS will likely attempt to establish your comparative fault by presenting evidence of your own negligence, such as speeding, distracted driving, or failure to yield. It’s crucial to gather evidence to counter their arguments and demonstrate your own due care.
