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If a company vehicle hit you, your injuries and treatment set the settlement range, while the driver's work and insurance help decide who pays. A company vehicle is a vehicle a business owns or leases, or one its employees or contractors drive for its work. Work vans, pickups, box trucks, utility trucks, contractor trucks, and company cars all fit that description.
How much is a settlement for being hit by a company vehicle?
Settlements for being hit by a company vehicle range from $5,000 to $5,000,000+. The company is responsible when its employee caused the crash while doing the company's work. The injury, treatment, and fault split set the range; the employer or vehicle owner and its insurance determine where the money comes from.
Federal insurance minimums cover for-hire carriers and carriers hauling listed hazardous materials, not every company's work van. A for-hire carrier is a business paid to transport other people's goods or passengers. A private carrier transports its own goods or tools. A U.S. Department of Transportation (USDOT) number identifies a carrier in the free federal lookup.
Company vehicle claim facts
Last updated
- Settlement range
- Company vehicle injury settlements range from $5,000 to $5,000,000+.
- Employer responsibility
- Employers pay for careless driving by employees doing their work.
- Federal minimums
- Federal insurance minimums cover for-hire and hazardous-materials carriers, not ordinary company-owned work vans.
- Carrier lookup
- A USDOT number identifies the carrier in the free federal lookup.
- Driver logs
- Covered carriers must save driver logs for at least 6 months.
- Government notice
- New York requires a government notice of claim within 90 days.
Sources: the injury guides linked below; Supreme Court of Texas; federal insurance rules; federal carrier lookup; federal log requirements; and New York's government notice rule. Use the free AI calculator with attorney review to work through your claim.
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What does each injury pay after a company vehicle crash?
A sprain or strain pays $5,000 to $35,000, while a severe traumatic brain injury pays $500,000 to $5,000,000+. Match the diagnosis and treatment in your records to the rows below.
| Injury and treatment | Settlement range |
|---|---|
| Sprain or strain | $5,000 - $35,000 |
| Whiplash that heals in weeks or months | $7,500 - $35,000 |
| Whiplash with symptoms lasting 6 months or longer | $35,000 - $75,000 |
| Herniated disc without surgery | $30,000 - $100,000 |
| Herniated disc with surgery, including spinal fusion | $100,000 - $350,000+ |
| Broken bone without surgery | $15,000 - $75,000 |
| Broken bone with surgery | $100,000 - $350,000+ |
| Moderate traumatic brain injury | $100,000 - $500,000 |
| Severe traumatic brain injury | $500,000 - $5,000,000+ |
| Wrongful death in a vehicle crash | $500,000 - $3,000,000 |
Source: the national injury ranges in the guides linked in this table, current as of October 28, 2026.
Within the first row, sprains pay $5,000 to $15,000 and moderate strains pay $15,000 to $35,000. Mild whiplash pays $7,500 to $15,000; moderate whiplash pays $15,000 to $35,000. Whiplash symptoms lasting 6 months or longer put the injury in the separate $35,000 to $75,000 row.
The company's involvement changes who owes compensation and how much insurance stands behind the vehicle. A commercial auto policy is the business's auto insurance. Its policy limit is the most that policy pays. Damages is the legal term for the compensation owed.
Example: surgery after a Texas crash
For example, a herniated disc treated with surgery pays $100,000 to $350,000+. A Texas driver's personal policy at the state minimum pays no more than $30,000 for one injured person. When the company is responsible, its commercial auto policy also pays, up to that policy's limit. If the driver's insurance is too small, read how to file an underinsured motorist claim.
For a work van that struck the back of your car, see the rear-end collision guide. People hit while walking, cycling, or riding a motorcycle can use the corresponding injury guides alongside this page.
Sources: Texas Transportation Code chapter 601 (601.072, 601.076, 601.124)
Is the company responsible if its employee hit you?
An employer owes compensation for its employee's careless driving while the employee is doing the employer's work. The law calls that acting within the scope of employment; here, it means being on the job.
The Supreme Court of Texas explained in Painter v. Amerimex Drilling I, Ltd. (2018) that the injured person must show both employment and work within that job. The employee must act with the employer's authority and for its benefit. In Laverie v. Wetherbe (2017), a case that did not involve a vehicle crash, the same court described assigned work and conduct the employer controls. An independent course of conduct serving no purpose of the employer falls outside that rule.
A detour does not always end the employer's responsibility. The Illinois Supreme Court distinguished slight, ordinary deviations from marked, unusual ones in Pyne v. Witmer (1989). Once an employee returns to the job after a personal departure, the employer is responsible again for careless driving on the job.
States that put the burden on the company
| State | What starts the presumption | How the company answers |
|---|---|---|
Texas | The company owned the truck and employed its driver. | Positive contrary evidence ends the presumption that the driver was on the job. |
Georgia | The owner employed the driver. | The employer must give clear, positive, uncontradicted evidence that the driver was outside the job. |
North Carolina | The vehicle was registered to the person or company. | Registration supplies initial evidence of driving for the owner's benefit and within employment. |
Connecticut | Someone other than the owner was driving. | The defendant must rebut the presumption that the driver was the owner's agent acting on the job. |
Virginia | The employment relationship is shown. | The employer must prove the employee was outside the job. A doubtful case goes to the jury. |
The Texas rule comes from Robertson Tank Lines, Inc. v. Van Cleave, Supreme Court of Texas (1971). The court described an earlier case in which a driver's personal cigarette stop rebutted the presumption. The Georgia rule comes from Allen Kane's Major Dodge, Inc. v. Barnes, Supreme Court of Georgia (1979). Virginia's Kensington Associates v. West, Supreme Court of Virginia (1987), is not limited to vehicle cases.
Sources: Painter v. Amerimex Drilling I, Ltd., Supreme Court of Texas, 2018; Laverie v. Wetherbe, Supreme Court of Texas, 2017; Pyne v. Witmer, Illinois Supreme Court, 1989; Robertson Tank Lines, Inc. v. Van Cleave, Supreme Court of Texas, 1971; Allen Kane's Major Dodge, Inc. v. Barnes, Supreme Court of Georgia, 1979; North Carolina General Statutes 20-71.1; Connecticut General Statutes 52-183; Kensington Associates v. West, Supreme Court of Virginia, 1987
What if the employee was off the clock or driving home?
Being off the clock raises two different questions: whether the company owes compensation as the employer, and whether its auto policy covers the driver. A personal errand does not by itself remove the vehicle owner's insurance from the claim.
Commuting and the going and coming rule
California's going and coming rule ordinarily puts the commute outside the job. In Hinman v. Westinghouse Electric Co. (1970), the California Supreme Court recognized exceptions for a benefit to the employer beyond an ordinary commute, including travel time the employer pays for. In Moradi v. Marsh USA, Inc. (2013), the California Court of Appeal treated a required personal vehicle commute as work travel. Stops for frozen yogurt and a yoga class were minor, foreseeable deviations.
New Jersey recognizes a special errand for the employer, required use of a personal vehicle for work, and on-call driving as exceptions. The Supreme Court of New Jersey required proof that the employer actually required the vehicle on the day of the crash in Carter v. Reynolds (2003).
Texas makes an exception for travel performing regular or specifically assigned duties for the employer's benefit. Driving the company's vehicle home is not enough by itself to satisfy that exception, and permission to make a personal detour does not make the detour work. The Supreme Court of Texas explained those limits in Painter (2018). In Goodyear Tire & Rubber Co. v. Mayes (2007), the same court found a personal errand outside the job even though the truck held company tires, the employee had a morning delivery, and he was available by pager all day and allowed personal use.
Georgia also distinguishes a car supplied as part of pay from evidence of being on call. The Supreme Court of Georgia held in Allen Kane (1979) that the first fact alone did not send the employment question to a jury, while being subject to call at any time did.
The owner's policy and permission to drive
Texas requires an owner's auto policy to cover a driver using the covered vehicle with express or implied permission, at least up to the state minimum: $30,000 per person, $60,000 per collision, and $25,000 for property damage. Higher coverage follows the policy's terms. Permission to use the vehicle for the particular trip matters; the entire commercial auto policy limit does not automatically cover a personal errand.
Florida requires an owner's policy to insure a permitted operator. New York requires the owner's policy to insure the named insured's liability arising from a permitted person's negligent use. The Texas Department of Insurance says a borrowed car's owner has the insurance that pays first; the driver's insurance follows if the owner has none or too little.
| Driving situation | Company responsibility | Insurance to identify |
|---|---|---|
An employee was making a work trip. | The employer answers for careless driving on the job. | Request the company's commercial auto policy. |
An employee had permission for a personal errand. | Employer responsibility and vehicle-owner responsibility are separate questions under state law. | Ask about permitted use under the owner's policy before assuming only the driver's policy applies. |
An employee used a personal car for work. | What the employee was doing matters more than ownership to the employment question. | Ask the employee's insurer and ask whether the employer has coverage for employees' cars. |
An independent contractor was driving. | The ordinary rule does not make the hiring company liable, but exceptions apply. | Identify the contractor's insurer and any carrier under whose authority the truck operated. |
States that also hold the vehicle owner responsible
New York, Michigan, and Iowa make an owner responsible for negligent driving with the owner's permission or consent. Michigan's cited law includes amendments effective October 17, 2025. Minnesota treats the consenting owner's driver as its agent; federal law limits that rule for rented or leased vehicles. The District of Columbia also treats a permitted driver as the owner's agent, and ownership supplies initial evidence of consent. Rhode Island follows an agency rule unless the driver supplied proof of financial responsibility before the crash. Idaho makes an owner responsible for a permitted driver's negligence on business or personal trips; its statutory dollar limit applies only outside an employer or principal relationship. Connecticut uses the rebuttable presumption described above.
Florida's dangerous instrumentality doctrine makes an owner responsible after voluntarily entrusting the vehicle to a driver whose negligence injures someone. The Florida Supreme Court adopted the rule in Southern Cotton Oil Co. v. Anderson (1920), a company vehicle case, and described it in Aurbach v. Gallina (2000). Florida's limits for a natural person lending a vehicle and for a short-term lessor are $100,000 per person, $300,000 per incident, and $50,000 for property damage. Those limits do not apply to an owner's vehicles used in its ordinary business, except rental companies.
A federal rule protects rental and leasing businesses from liability based only on owning the vehicle when the company committed no negligence or criminal wrongdoing. Ownership by a rental company therefore needs a separate review from ownership by the business using the vehicle.
Sources: Hinman v. Westinghouse Electric Co., California Supreme Court, 1970; Moradi v. Marsh USA, Inc., California Court of Appeal, 2013; Carter v. Reynolds, Supreme Court of New Jersey, 2003; Painter v. Amerimex Drilling I, Ltd., Supreme Court of Texas, 2018; Goodyear Tire & Rubber Co. v. Mayes, Supreme Court of Texas, 2007; Allen Kane's Major Dodge, Inc. v. Barnes, Supreme Court of Georgia, 1979; Texas Transportation Code chapter 601 (601.072, 601.076, 601.124); Texas Department of Insurance, Auto insurance guide; Florida Statutes 324.151 (2026); New York Insurance Law 3420; New York Vehicle and Traffic Law 388; Michigan Compiled Laws 257.401; Iowa Code 321.493 (2026); Minnesota Statutes 169.09; D.C. Code 50-1301.08; Rhode Island General Laws 31-33-6; Idaho Code 49-2417; Connecticut General Statutes 52-183; Southern Cotton Oil Co. v. Anderson, Florida Supreme Court, 1920; Aurbach v. Gallina, Florida Supreme Court, 2000; Florida Statutes 324.021 (2026); 49 U.S.C. 30106
What if the employee was driving their own car for work?
The employer's responsibility follows the work the employee was doing, not just the name on the car registration. California and New Jersey recognize exceptions to their commuting rules when the employer requires a personal vehicle for work.
The Texas Department of Insurance says the car owner's insurance pays first, but also says most personal policies do not cover driving for business. Ask the employee's insurer whether the trip was covered. Ask the company whether it has its own insurance for employees' cars used for work.
For a driver working through an app, use the Uber accident guide. If you were the employee driving or a coworker hurt at work, the workers' compensation guide addresses your claim.
Sources: Moradi v. Marsh USA, Inc., California Court of Appeal, 2013; Carter v. Reynolds, Supreme Court of New Jersey, 2003; Texas Department of Insurance, Auto insurance guide
What if the driver works for a contractor?
Hiring an independent contractor does not ordinarily make a business responsible for the contractor's careless driving. A company's careless choice of contractor, control of the work, or a duty it cannot hand off changes the question.
The Supreme Court of Utah stated the ordinary rule in Thompson v. Jess (1999); the Supreme Court of Texas stated it in Painter (2018). In Puckrein v. ATI Transport, Inc. (2006), the Supreme Court of New Jersey addressed a hauler whose tractor-trailer had no registration or insurance. Basic competence included a valid driver's license, registration, and liability insurance card.
New Jersey recognizes exceptions when the hiring company controls how the work is done, chooses an incompetent contractor, or hires work that is a nuisance by its nature. The court said trucking is neither such a nuisance nor inherently dangerous work. In Pusey v. Bator (2002), which was not a vehicle case, the Supreme Court of Ohio explained that duties imposed by statute, contract, franchise, charter, or common law cannot be handed off, and also identified inherently dangerous work.
The carrier named on a truck's door can also be responsible. Federal safety rules count an independent contractor operating a covered commercial motor vehicle as an employee. A carrier's equipment lease must give it exclusive possession, control, and use, with complete responsibility during the lease, but the lease rule itself does not decide employment status. Courts differ on whether that creates an irrebuttable or rebuttable employment presumption, as the Supreme Court of Ohio described under the earlier rule in Wyckoff Trucking, Inc. v. Marsh Bros. Trucking Service, Inc. (1991). For a semi or tractor-trailer, use the trucking accident guide.
For a branded delivery van, the FedEx guide and UPS guide address those deliveries.
Sources: Thompson v. Jess, Utah Supreme Court, 1999; Painter v. Amerimex Drilling I, Ltd., Supreme Court of Texas, 2018; Puckrein v. ATI Transport, Inc., Supreme Court of New Jersey, 2006; Pusey v. Bator, Supreme Court of Ohio, 2002 (not a vehicle case); 49 CFR 390.5T; 49 CFR 376.12; Wyckoff Trucking, Inc. v. Marsh Bros. Trucking Service, Inc., Supreme Court of Ohio, 1991
How much insurance does a company vehicle carry?
A company's policy limit depends on the vehicle, its work, its cargo, and state requirements. The federal rules as written do not impose a single insurance amount on every work truck or van.
Gross vehicle weight rating is the manufacturer's maximum loaded weight for the vehicle. The federal property-carrier rules cover for-hire transportation across state or national borders and listed hazardous materials transported interstate, internationally, or within one state. Vehicles rated below 10,001 pounds fall outside those rules except for listed high-hazard loads.
Federal minimums by carrier and load
The federal insurance regulations listed here are current as of October 26, 2026.
| Carrier and load | Vehicle requirement | Required minimum |
|---|---|---|
For-hire carriers hauling nonhazardous property interstate or internationally | Rated at 10,001 pounds or more | $750,000 |
For-hire and private carriers hauling listed oil and hazardous materials | Rated at 10,001 pounds or more | $1,000,000 |
For-hire and private carriers hauling listed bulk hazardous substances and other high-hazard loads | Rated at 10,001 pounds or more | $5,000,000 |
For-hire and private carriers hauling listed bulk high-hazard loads | Rated below 10,001 pounds | $5,000,000 |
For-hire carriers with federal operating authority, hauling nonhazardous freight | Fleet consists only of vehicles below 10,001 pounds | $300,000 filed with the federal agency |
For-hire carriers with federal operating authority, hauling nonhazardous freight | Freight vehicles rated at 10,001 pounds or more | $750,000 filed with the federal agency |
A private carrier moving its own ordinary goods, tools, or crews has no federal minimum under the rules as written unless it hauls listed hazardous materials. An ordinary company work van or pickup rated below 10,001 pounds also falls outside those property-carrier minimums. The separate filing rule for for-hire carriers with federal operating authority still applies to fleets consisting only of small vehicles.
For-hire interstate passenger carriers must carry $1,500,000 for vehicles seating 15 or fewer, including the driver, or $5,000,000 for vehicles seating 16 or more, including the driver. Exceptions include school buses carrying only children and teachers, small taxis, and daily round-trip work transportation carrying fewer than 16 people. The bus accident guide covers passenger-carrier claims.
The insurer's federal guarantee
The Federal Motor Carrier Safety Administration (FMCSA) uses Form MCS-90 as an insurance guarantee for covered for-hire carrier operations. Within the stated limit, the insurer agrees to pay a final public-liability judgment for negligent vehicle operation, maintenance, or use covered by the federal rules, even if the policy does not list the particular vehicle. Policy conditions and the carrier's insolvency or bankruptcy do not remove that promise. The carrier must reimburse the insurer; the guarantee does not cover the carrier's own employees.
FMCSA said in its 2014 notice that the minimums took effect on November 19, 1985, had remained unchanged, and were the lowest amounts Congress allowed the agency to require. FMCSA's April 2014 report to Congress concluded that the minimums did not cover the costs of some crashes. FMCSA withdrew its proposal on June 5, 2017 because it lacked enough data or information to proceed.
State requirements for vehicles used within one state
Texas requires $500,000 for private or for-hire motor carriers with gross weight, registered weight, or gross weight rating over 26,000 pounds, according to the Texas Department of Motor Vehicles. Texas's basic auto minimum is $30,000 per person, $60,000 per collision, and $25,000 for property damage, in effect since January 1, 2011.
| Florida vehicle weight | Combined injury and property minimum per occurrence |
|---|---|
| 26,000 to less than 35,000 pounds | $50,000 |
| 35,000 to less than 44,000 pounds | $100,000 |
| 44,000 pounds or more | $300,000 |
Florida vehicles subject to the federal insurance rules must carry the federal amounts. California's basic limits are $30,000 per injured person, $60,000 per accident, and $15,000 for property damage. California raised those limits from $15,000, $30,000, and $5,000 as policies renewed beginning January 1, 2025.
When a fleet pays claims itself
Self-insurance means the company pays the claim itself, sometimes through a claims company. Texas, New York, and California require more than 25 vehicles registered to the applicant for their fleet self-insurance routes. Texas requires its self-insurer to pay the same judgments in the same amounts an insurer would owe.
Florida uses a net-worth test instead of a vehicle-count requirement. For an applicant other than a natural person, Florida requires $40,000 for the first vehicle and $20,000 for each additional vehicle. For-hire interstate carriers need FMCSA's written approval to self-insure. Ask the business where to send the claim if it handles its own losses.
Sources: 49 CFR 387.3; 49 CFR 387.9; 49 CFR 390.5T; 49 CFR 387.301T; 49 CFR 387.303T; 49 CFR 387.27; 49 CFR 387.33T; FMCSA Form MCS-90, revised January 5, 2017; FMCSA, Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers (79 FR 70839, November 28, 2014); FMCSA, withdrawal of that notice (82 FR 25753, June 5, 2017); Texas Department of Motor Vehicles, TxDMV Number requirements; Texas Transportation Code chapter 601 (601.072, 601.076, 601.124); Florida Statutes 627.7415 (2026); California DMV, Insurance Requirements; California Department of Insurance, New Year Means New Changes for Insurance (2025); New York Vehicle and Traffic Law 316; California Code of Regulations, title 13, section 80.25; Florida Statutes 324.171 (2026); 49 CFR 387.7
How do you find the company and its insurer?
Photograph the name and USDOT number on both doors, then use FMCSA's free Company Snapshot to identify the carrier. The separate Licensing and Insurance search shows filed insurance for interstate for-hire carriers with authority or pending applications.
A self-propelled vehicle covered by the federal marking rule must show the carrier's legal or single trade name and its number preceded by USDOT on both sides. The letters must contrast with the background and be readable from 50 feet in daylight while the vehicle is stopped.
The federal definition of a commercial motor vehicle covers interstate vehicles rated at 10,001 pounds or more, vehicles designed or used to carry more than 8 people including the driver for pay, vehicles carrying more than 15 people without pay, and vehicles hauling placarded hazardous materials. An ordinary pickup or van below 10,001 pounds, with no passenger service or placarded load, is outside that marking rule. A truck operating only within one state also falls outside this federal interstate definition.
Use the two federal searches
The Company Snapshot accepts a USDOT number, MC/MX carrier number, or name. FMCSA provides one-carrier searches free of charge. The result lists the legal and trade names, address, phone number, operation classification, interstate or intrastate status, and counts of power units and drivers. FMCSA lists reported crashes for the past 24 months without deciding who caused them.
Open Licensing and Insurance, answer its challenge question, and look at Active/Pending Insurance. The result gives the insurer, policy or surety number, coverage, and effective date. BIPD means bodily injury and property damage liability insurance. FMCSA's filing history reaches back to 1995.
A private carrier does not file insurance with FMCSA; it keeps required proof at its main place of business. For the company's own work truck, ask the driver and company for the insurer and request the crash report. If the company's insurer calls, the guide to recorded statements addresses that request.
What the crash report asks for
The National Highway Traffic Safety Administration (NHTSA) publishes a voluntary model for state crash reports. NHTSA's February 2025 guideline asks for the carrier name, address, and USDOT number from the vehicle or paperwork when the vehicle weighs over 10,000 pounds, has 9 or more seats, or carries a placarded load. Each state designs its own form. NHTSA's guideline separates light vehicles of 10,000 pounds or less, medium vehicles of 10,001 to 26,000 pounds, and heavy vehicles over 26,000 pounds.
NHTSA warns that the owner is not always the responsible business and that not every covered vehicle has a USDOT number. Government vehicles usually lack one. If the work vehicle left without stopping, use the hit-and-run guide and save any visible company name or vehicle number.
Sources: 49 CFR 390.21T; 49 CFR 390.5T; FMCSA SAFER Company Snapshot; FMCSA Licensing and Insurance; FMCSA Licensing and Insurance help page; 49 CFR 387.7; NHTSA, MMUCC Guideline, 6th Edition (DOT HS 813 525, February 2025)
What records does the company have to keep after a crash?
Covered motor carriers must keep a crash register for 3 years and driver logs with supporting documents for at least 6 months. Send a written preservation request within days, including GPS information, telematics, and dash camera video as well as the required records.
The table applies to carriers operating commercial motor vehicles covered by the federal rules described above. An ordinary work van rated below 10,001 pounds, without passenger service or a placarded load, is outside these requirements.
| Record to request | How long it stays | What it contains |
|---|---|---|
Accident register and required reports | 3 years after each crash | Date, location, driver, injury and death counts, hazardous releases, and reports required by states or insurers. |
Driver logs and supporting documents | At least 6 months | Records of duty status; most covered carriers must use electronic logging devices. |
Local-driver time records | 6 months | Reporting and release times, hours on duty, and total hours for the preceding 7 days for new or occasional drivers. |
Driver qualification file | Throughout employment and for 3 years afterward | Application, driving records, road test, annual review, and medical certificate. |
The accident register covers crashes involving a death, an injury treated immediately away from the scene, or a vehicle towed away. Local drivers who stay within 150 air-miles of the work location and finish within 14 hours are exempt from the log rule, including its electronic-device requirement. Their carrier keeps the time records instead.
When post-crash drug and alcohol tests are required
Federal post-crash testing applies to drivers who need a commercial driver's license (CDL). A CDL is required for a vehicle of 26,001 pounds or more, a vehicle designed for at least 16 people including the driver, or a placarded hazardous load. A box truck of 26,000 pounds or less with fewer than 16 seats and no placarded load falls outside these tests.
A death requires testing. An injury treated away from the scene or a towed vehicle requires testing only when the driver receives a citation within the relevant period: 8 hours for alcohol and 32 hours for drugs. The employer must arrange an alcohol test within 2 hours or record why it did not happen. Alcohol testing stops after 8 hours; drug testing stops after 32 hours.
Ask the company to preserve the test results and its reasons for any missing tests. Do not wait for the 6-month retention period for logs and time records to run out before requesting them.
Sources: 49 CFR 390.15; 49 CFR 390.5T; 49 CFR 395.8; 49 CFR 395.1; 49 CFR 391.51; 49 CFR 382.303; 49 CFR 383.5
Can you sue a company for hiring or keeping a bad driver?
A company's own carelessness can support a claim when it supplies a vehicle to a driver it knows, or should know, is unsafe. Whether a separate hiring or entrustment claim continues after the company admits the driver was on the job depends on the state.
Negligent entrustment means giving a vehicle to someone the owner knows or should know is likely to drive dangerously. In Casebolt v. Cowan (1992), the Colorado Supreme Court applied that rule to an employer that lent a company vehicle after learning the employee was drinking. The Supreme Court of Texas listed the required proof in Mayes (2007): the company supplied the vehicle to an unlicensed, incompetent, or reckless driver, knew or should have known that problem, and the driver's negligence caused the crash.
The Supreme Court of Missouri in McHaffie v. Bunch (1995), a truck crash, and the Supreme Court of Indiana in Sedam v. 2JR Pizza Enterprises, LLC (2017), involving a pizza delivery driver in her own car, restricted separate negligent-hiring claims after the employer admitted responsibility for the employee. Indiana described that restriction as applying in most circumstances. The Missouri Court of Appeals recognized a punitive-damages exception in Wilson v. Image Flooring, LLC (2013).
Oklahoma takes a different approach: the Oklahoma Supreme Court held in Fox v. Mize (2018) that an employment admission does not itself bar negligent entrustment. The Supreme Court of Georgia held in Quynn v. Hulsey (2020) that the state's fault-sharing statute ended its former restriction.
Texas's 2021 vehicle-crash statute makes ordinary-negligence liability rest on the employer's admission when the employer admits that the driver was its employee and on the job. A claim for exemplary damages based on the company's own conduct remains available. The Texas definition covers vehicles used for business transportation, deliveries, or services, including work vans and pickups; personal use is outside it.
Punitive damages punish misconduct. In Hammerly Oaks, Inc. v. Edwards (1997), the Supreme Court of Texas required company authorization, reckless hiring of an unfit employee, a manager acting on the job, or company approval of the act afterward. The Florida Supreme Court required fault by the corporate employer itself in Mercury Motors Express, Inc. v. Smith (1981).
Sources: Casebolt v. Cowan, Colorado Supreme Court, 1992; Goodyear Tire & Rubber Co. v. Mayes, Supreme Court of Texas, 2007; McHaffie v. Bunch, Supreme Court of Missouri, 1995; Sedam v. 2JR Pizza Enterprises, LLC, Supreme Court of Indiana, 2017; Wilson v. Image Flooring, LLC, Missouri Court of Appeals, 2013; Fox v. Mize, Oklahoma Supreme Court, 2018; Quynn v. Hulsey, Supreme Court of Georgia, 2020; Texas Civil Practice and Remedies Code chapter 72 (72.051, 72.054); Hammerly Oaks, Inc. v. Edwards, Supreme Court of Texas, 1997; Mercury Motors Express, Inc. v. Smith, Florida Supreme Court, 1981
What if a city, state, or federal vehicle hit you?
Government vehicle claims have notice requirements that arrive before the ordinary deadline to sue. A notice of claim is the written notice the government owner requires first; identify the agency from the vehicle and crash report.
Federal agency vehicles
The Federal Tort Claims Act (FTCA) requires the agency to receive your written claim within 2 years after the claim arises. Standard Form 95 requires a specific dollar demand, called a sum certain; leaving it out invalidates the claim and risks losing the right to compensation. Receipt by the correct agency counts, not the mailing date. For a vehicle leased from the General Services Administration (GSA), file with the agency leasing it; GSA can identify that agency.
An FTCA lawsuit waits until the agency denies the claim in writing, or until 6 months pass without a decision and you choose to treat that silence as a denial. After a mailed final denial, you have 6 months to sue. The lawsuit cannot demand more than the agency claim unless newly discovered evidence or later facts justify the increase. The United States replaces the federal employee as defendant, a judge decides the case without a jury, and punitive damages and interest before judgment are unavailable. Lawyer fees cannot exceed 20% of an agency settlement or 25% of a judgment or settlement after suit.
State and local notice deadlines
| State | Notice and filing dates | Other rules and limits |
|---|---|---|
Texas | Give notice within 6 months. Texas cities can set their own notice periods in their charters, with state law approving those periods. Actual government notice of the injury removes the formal-notice requirement. | State and cities: $250,000 per person, $500,000 per occurrence. Other local units: $100,000 per person, $300,000 per occurrence. |
New York | Give notice within 90 days; sue within 1 year and 90 days. The complaint must show at least 30 days passed after notice without payment. | A court may extend notice time, but not beyond the deadline to sue. |
Florida | Send the written claim within 3 years, or 2 years for wrongful death. Sue within 4 years. Send the claim to the agency and also the Department of Financial Services, except for city or county claims. | $200,000 per person and $300,000 per incident. More requires an act of the Legislature. |
California | Present the claim within 6 months. Sue within 6 months after written rejection, or within 2 years without proper written notice. | The cited decisions describe the claim and lawsuit deadlines. |
Texas's vehicle rule covers injury from an employee's use of a motor-driven vehicle when the employee would personally owe compensation. The California Supreme Court described the claim deadline as 6 months since 1988 in Shirk v. Vista Unified School District (2007), which was not a vehicle case. The California Court of Appeal described the post-rejection deadlines in Him v. City and County of San Francisco (2005).
Sources: 28 U.S.C. 2401; 28 U.S.C. 2675; GSA, Standard Form 95, Claim for Damage, Injury, or Death; GSA Fleet, Accident management center; 28 U.S.C. 2678; 28 U.S.C. 2402; 28 U.S.C. 2679; 28 U.S.C. 2674; Texas Civil Practice and Remedies Code chapter 101 (101.021, 101.023, 101.101); New York General Municipal Law 50-e; New York General Municipal Law 50-i; Florida Statutes 768.28 (2026); Shirk v. Vista Unified School District, California Supreme Court, 2007 (not a vehicle case); Him v. City and County of San Francisco, California Court of Appeal, 2005
How do fault and the filing deadline affect your claim?
Your state's fault rules affect compensation, and its filing deadline sets the time to sue. The statute of limitations is that lawsuit filing deadline.
Use the state fault rules and state injury filing deadlines for the state involved. For a government vehicle, address the shorter notice of claim deadline first.
Sources: Texas Civil Practice and Remedies Code chapter 101 (101.021, 101.023, 101.101); New York General Municipal Law 50-e; New York General Municipal Law 50-i; Florida Statutes 768.28 (2026); Shirk v. Vista Unified School District, California Supreme Court, 2007 (not a vehicle case); Him v. City and County of San Francisco, California Court of Appeal, 2005
Is it better to settle or sue a company?
A lawsuit can end in a settlement, so your claim does not have to reach trial after you file suit. Compare an offer with your injury and treatment, the fault split, and the insurance that covers the crash.
The Bureau of Justice Statistics found that trials decided 3.4% of automobile accident cases, or 2,122 of 63,339, in the 77 jurisdictions reporting both counts for 2005. The bureau's November 2009 report, its latest survey of this kind, covers reporting counties in state courts of general jurisdiction, excludes small claims, and does not weight the counts into national figures. The bureau reported that nearly 4% of all tort cases, meaning civil claims for harm, ended at trial.
The same report found that plaintiffs won 64.3% of automobile accident trials. The bureau also found that half of winning automobile accident plaintiffs received $15,000 or less. Those trial results describe that report's cases, not the injury ranges at the top of this page.
Sources: Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129)
What should you request after a company vehicle hits you?
Request the company's identity, insurance, and records while you identify the filing deadline. The carrier number and the purpose of the driver's trip help connect your claim to the responsible business.
Photograph the vehicle and both doors
Save photographs of the vehicle, its plate, the company name, and any U.S. Department of Transportation number on either door. Include the damage and the place where the crash happened.
Ask what the driver was doing
Write down the driver's employer and the purpose of the trip. Ask whether the driver was making a delivery, traveling to a job, commuting, or running a personal errand with permission.
Request the report and insurance information
Ask for the crash report and ask the driver and company for the insurer. Use the federal carrier searches when the vehicle has a carrier number. A private carrier's insurer will not appear in the federal insurance filings.
Ask the company to preserve the records
Send a written request within days asking the company to save its crash records, driver logs or time records, driver qualification file, GPS information, telematics, and dash camera video. Federal retention periods for logs and local-driver time records are 6 months.
Identify the filing and notice deadlines
Find the filing deadline for the state where the claim belongs. If the vehicle belongs to a government agency, identify that agency and its notice of claim deadline first.
Sources: 49 CFR 390.21T; FMCSA SAFER Company Snapshot; FMCSA Licensing and Insurance; 49 CFR 387.7; 49 CFR 395.8; 49 CFR 395.1; Texas Civil Practice and Remedies Code chapter 101 (101.021, 101.023, 101.101); New York General Municipal Law 50-e; 28 U.S.C. 2401
Company vehicle settlement questions
How much is a company vehicle worth in compensation?
Compensation for being hit by a company vehicle ranges from $5,000 to $5,000,000+. The injury, treatment, and fault split set the range. A company vehicle changes which business or owner owes compensation and how much insurance is available to pay it.
Is the company responsible if its employee hit me on the job?
The employer is responsible for its employee's careless driving while the employee is doing its work. Texas courts require proof that the driver was an employee acting with the employer's authority and for its benefit. Ownership of the vehicle and employment also raise a presumption in Texas, but contrary evidence defeats it.
Who pays if the employee was off the clock or driving home?
The vehicle owner's auto policy can still cover an employee driving with permission; the company's responsibility as the employer is a separate question. Texas requires the owner's policy to cover permitted use at least up to the state minimum; higher coverage depends on the policy. California, New Jersey, and Texas recognize exceptions to their commuting rules for travel serving the employer, but the exceptions differ.
What if the employee was driving their own car for work?
An employer's responsibility depends on what the employee was doing, even when the car belongs to the employee. California and New Jersey recognize required use of a personal car for work as an exception to their commuting rules. The Texas Department of Insurance says the vehicle owner's insurance pays first, but most personal policies do not cover business driving.
Can the company be responsible for a contractor who hit me?
A company can be responsible for carelessly choosing a contractor or for duties it cannot hand off. The ordinary rule in Texas and Utah does not make the hiring company responsible for an independent contractor's careless driving. A truck leased to a carrier also brings federal lease rules into the claim, and courts differ on their effect.
How much insurance does a company vehicle carry?
The required insurance depends on the carrier, vehicle weight, cargo, and state. Federal rules as written set no insurance minimum for a private business's ordinary work van; state law and the policy set the amount. Texas's basic minimum is $30,000 per injured person, $60,000 per collision, and $25,000 for property damage. Ask for the actual commercial auto policy and its limit.
Does every work truck have to carry $750,000 in insurance?
The federal rules as written require $750,000 for for-hire carriers hauling nonhazardous property interstate or internationally in vehicles rated at 10,001 pounds or more. That requirement does not cover an ordinary private business hauling its own tools. Listed hazardous loads and federal operating-authority insurance filings have separate requirements.
How do I find the company and its insurer after a crash?
The door markings, crash report, and free Federal Motor Carrier Safety Administration Company Snapshot identify a carrier. Search the Licensing and Insurance system for an interstate for-hire carrier's filed insurer and policy number. For a private carrier, request insurance information from the driver, business, and crash report.
How long must the company keep records after the crash?
Federal rules for covered motor carriers require a crash register for 3 years, logs and supporting documents for at least 6 months, and local-driver time records for 6 months. The driver qualification file stays through employment and for 3 years afterward. Ask the company in writing to preserve records and video within days.
Can I sue the company for hiring a bad driver?
A claim for the company's own carelessness depends on the state and what the company knew or should have known. Texas requires proof of entrusting the vehicle to an unlicensed, incompetent, or reckless driver whose negligence caused the crash. States also differ on allowing separate hiring claims after an employer admits the driver was on the job.
What if a government vehicle hit me?
A government vehicle claim has notice requirements before a lawsuit. A federal agency must receive the written claim within 2 years, with a specific dollar demand. New York requires notice within 90 days; California requires a claim within 6 months. Texas has a 6-month notice rule, and state law approves a city's right to set its own notice period in its charter.
Is it better to settle or sue in an accident with a company vehicle?
You can still settle a claim before trial after filing a lawsuit. Compare the proposed compensation with the injury range, treatment, fault split, and available insurance. The Bureau of Justice Statistics found that trials decided 3.4% of automobile accident cases in 77 reporting jurisdictions in 2005; those county counts were not weighted into national figures and excluded small claims.
How long do I have to file a company vehicle accident claim?
The state filing deadline applies to the injury lawsuit, and government claims have separate notice deadlines that come first. Identify whether the owner is a private company, city, county, state, or federal agency before choosing a deadline.
Sources: Painter v. Amerimex Drilling I, Ltd., Supreme Court of Texas, 2018; Robertson Tank Lines, Inc. v. Van Cleave, Supreme Court of Texas, 1971; Moradi v. Marsh USA, Inc., California Court of Appeal, 2013; Carter v. Reynolds, Supreme Court of New Jersey, 2003; Texas Department of Insurance, Auto insurance guide; Texas Transportation Code chapter 601 (601.072, 601.076, 601.124); Puckrein v. ATI Transport, Inc., Supreme Court of New Jersey, 2006; 49 CFR 376.12; 49 CFR 387.3; 49 CFR 387.9; FMCSA SAFER Company Snapshot; FMCSA Licensing and Insurance; 49 CFR 390.15; 49 CFR 395.8; 49 CFR 395.1; 49 CFR 391.51; Goodyear Tire & Rubber Co. v. Mayes, Supreme Court of Texas, 2007; 28 U.S.C. 2401; GSA, Standard Form 95, Claim for Damage, Injury, or Death; New York General Municipal Law 50-e; Shirk v. Vista Unified School District, California Supreme Court, 2007 (not a vehicle case); Texas Civil Practice and Remedies Code chapter 101 (101.021, 101.023, 101.101); Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129)
The settlement and verdict database lets you read reported injury cases alongside the coverage and responsibility rules discussed here.
Cite this data
SetCalc. "Hit by a Company Vehicle Settlement Calculator." Updated October 28, 2026. https://setcalc.com/guides/company-vehicle-accident-settlement-calculator.
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