Hit by a Company Vehicle or Delivery Van in New York: Can You Sue the Company?

October 23, 2026 | By William Mattar Accident Lawyers
Hit by a Company Vehicle or Delivery Van in New York: Can You Sue the Company?

Hit by a Company Vehicle or Delivery Van in New York: Can You Sue the Company?

You may be able to. In New York, Vehicle and Traffic Law § 388 generally makes a vehicle's owner liable for injuries resulting from negligence in the vehicle's use or operation by anyone using it with the owner's permission, subject to exceptions, and an employer may be held vicariously liable for torts its employees commit within the scope of their employment. William Mattar, P.C. focuses on motor vehicle accident cases and offers a free case evaluation at (844) 444-4444.

Key facts

  • Federal law shields rental and leasing businesses from liability based only on ownership for crashes during a rental or lease, absent their own negligence or criminal wrongdoing.
  • In a New York car accident lawsuit between covered persons, pain and suffering is recoverable only for a "serious injury," a definition amended in 2026.
  • If a city, county or other public corporation is involved, a notice of claim may be due within 90 days.
Image for Blog PostImage to use (Envato). Envato Elements search for delivery van city street Pick a photo with no recognizable people or readable license plates.Alt text to set on the image: Delivery van parked on a city street

Can the company be liable because it owns the vehicle?

Under Vehicle and Traffic Law § 388(1), every owner of a vehicle used or operated in New York is liable for death or injuries resulting from negligence in its use or operation, "in the business of such owner or otherwise," by any person using it "with the permission, express or implied, of such owner."

"Owner" is defined in Vehicle and Traffic Law § 128 and includes a lessee or bailee with the exclusive use of a motor vehicle, under a lease or otherwise, for more than 30 days. Section 388's definition of "vehicle" excludes fire and police vehicles, among others.

What if the driver was an employee doing their job?

In Rivera v State of New York, 34 NY3d 383 (2019), the Court of Appeals stated that an employer "may be held vicariously liable for torts, including intentional torts, committed by employees acting within the scope of their employment." The factors it cited, drawn from Riviello v Waldron, include "the connection between the time, place and occasion for the act." So what the driver was doing at the time of the crash can matter, not just who owned the van.

What if the van was rented or leased?

A federal statute, 49 U.S.C. § 30106, says that an owner that rents or leases a vehicle shall not be liable under state law, "by reason of being the owner," for harm arising from the vehicle's use during the rental or lease, if the owner is engaged in the trade or business of renting or leasing motor vehicles and there is no negligence or criminal wrongdoing on the part of the owner. The protection does not apply if either condition is not met.

Does no-fault insurance still apply?

Under Insurance Law § 5103(a)(1), the no-fault coverage on a vehicle must pay first-party benefits to "persons, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle." These benefits reimburse "basic economic loss," such as necessary medical expenses and some lost earnings, up to $50,000 per person, less statutory reductions.

When can you recover for pain and suffering?

In a lawsuit by one covered person against another over negligence in the use or operation of a motor vehicle in New York, Insurance Law § 5104(a) allows no recovery for basic economic loss, and no recovery for non-economic loss ("pain and suffering and similar non-monetary detriment") except in the case of a serious injury. Under Insurance Law § 5102(d) as amended in 2026, a "serious injury" means a personal injury which results in death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system. The 2026 amendment deleted the part of the definition that referred to a medically determined injury or impairment of a non-permanent nature that prevented the injured person from performing substantially all of the material acts that constitute their usual and customary daily activities for not less than 90 days during the 180 days immediately following the injury (the so-called 90/180-day category). According to the Department of Financial Services, the 2026 amendments apply to actions and proceedings commenced on or after May 26, 2026.

Frequently asked questions

Does the driver have to be a company employee for the owner to be liable?

Not under Section 388, which covers negligent use by "any person" using the vehicle with the owner's permission.

How long do you have to sue a private company over the crash?

Under CPLR 214(5), an action to recover damages for a personal injury must be started within three years, except as provided in certain other sections.

What if the vehicle belongs to a city, county or other public corporation?

Under General Municipal Law § 50-e, where a notice of claim is required by law before suing a public corporation, or an officer, appointee or employee of one, the notice must be served within 90 days after the claim arises. Public corporations include counties, cities, towns, villages and school districts. A court may extend the time to serve the notice, but not beyond the time limited for starting an action against the public corporation.

About William Mattar, P.C.

William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. It has offices in Williamsville, Buffalo, Rochester, Syracuse, Albany and Long Island, and its phone line, (844) 444-4444, is open 24/7. Case evaluations are free, and under No Fee Until We Win℠ you don't owe attorneys' fees unless the firm wins or settles your case; you may remain responsible for costs, expenses and disbursements, and No Fee Until We Win℠ is subject to the firm's written contingent fee retainer agreement.

Sources

  • New York Vehicle and Traffic Law § 388 — https://www.nysenate.gov/legislation/laws/VAT/388
  • New York Vehicle and Traffic Law § 128 — https://www.nysenate.gov/legislation/laws/VAT/128
  • Rivera v State of New York, 34 NY3d 383 (2019) — https://nycourts.gov/Reporter/3dseries/2019/2019_08521.htm
  • 49 U.S.C. § 30106 — https://www.law.cornell.edu/uscode/text/49/30106
  • New York Insurance Law § 5102 — https://www.nysenate.gov/legislation/laws/ISC/5102
  • New York Insurance Law § 5103 — https://www.nysenate.gov/legislation/laws/ISC/5103
  • New York Insurance Law § 5104 — https://www.nysenate.gov/legislation/laws/ISC/5104
  • NY Department of Financial Services, Insurance Circular Letter No. 3 (2026) — https://www.dfs.ny.gov/industry-guidance/circular-letters/c32026-01
  • General Municipal Law § 50-e — https://www.nysenate.gov/legislation/laws/GMU/50-E
  • General Construction Law § 66 — https://www.nysenate.gov/legislation/laws/GCN/66
  • CPLR 214 — https://www.nysenate.gov/legislation/laws/CVP/214

Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026