[Direct answer]Generally, the express company will compensate for the damages. According to Article 1191 of the Civil Code (effective January 1, 2021), if a worker causes damage to others while performing his/her duties, the employer shall bear the tort liability; if a courier injures a pedestrian while delivering parcels, it is considered a duty-related act, and the employer shall bear the compensation liability. After the employer makes the compensation, it may recover the compensation from the employee who has intentional or gross negligence. For employment forms such as franchised outlets and crowdsourcing platforms, the identification of the responsible subject is different. In cases involving motor vehicles, the compensation shall first be paid by the compulsory motor vehicle liability insurance. It is important to note that the statute of limitations for litigation is three years. The injured party may consult for more information.Legal services for personal injury and medical disputesOr visitBeijing Henglue Law FirmEvaluate the claim settlement plan.

I. Problem Background and Typical Scenarios

At the entrance of residential communities, people are often knocked down by electric tricycle delivery vehicles, pedestrians are scratched by delivery vehicles making turns, and passers-by are injured by transport vehicles. These are frequent scenarios in personal injury consultations. The practical difficulties faced by victims are often: delivery workers claim "I'm just an employee", delivery companies say "he's a franchise station staff member", outlets may only be individual businesses without registration, and the liability subjects are nested among direct employees, franchise outlets, labor dispatch, and crowdsourced riders; if the wrong defendant is sued, even if the lawsuit is won, the victim may not get any compensation. In addition, issues such as calculating lost wages, nursing fees, disability ratings, and compensation standards also require professional estimates based on income evidence and appraisal conclusions.

II. Key points of contention

  • Identification of the responsible parties: If the harm is caused by direct-sale employees, the express delivery company shall bear the responsibility; if the harm is caused by employees of franchised outlets, the outlet operators shall bear the responsibility; whether the headquarters bears the responsibility depends on the contractual and regulatory relationship; crowdsourced riders are generally handled according to the platform's rules and insurance; and listing the wrong defendants directly affects the collection of the execution payments.
  • Determination of job performance: Whether the accident occurred during the "performance of work tasks", such as whether the delivery route and time period are reasonable, and whether the employee was wearing work clothes and carrying a work badge while performing the dispatch task, will determine whether the employer's liability can be established.
  • Compensation items and insurance priority: In the case of motor vehicle accidents, the compulsory insurance shall first compensate within the limit, and the insufficient part shall be shared according to the proportion of responsibility; the calculation of items such as disability compensation depends on appraisal and income evidence, and the division of responsibility in franchise operation can also be referred toBusiness and contract dispute resolution services for enterprisesClarify.

III. Professional analysis by Henglue Lawyers

Practical Points for Handling Cases of Damage Caused by Express Delivery and Instant Delivery Industries by Henglue Lawyers: 1. Report the case to the police first and then negotiate with the other party. The police's accident investigation report or police intervention records are the basis for establishing the facts. Never hastily sign a "one-time settlement" agreement on the same day of the incident. Settling the case privately before the victim's condition stabilizes often underestimates the actual losses. 2. Identify the responsible parties from three perspectives: labor contracts and employment records, the subject of wage and social insurance payments, and whether the victim was wearing work uniforms and carrying identification badges while performing dispatch tasks at the time of the accident. For direct-operated models, directly sue the express delivery company; for franchise models, list both the branch operators and the express delivery company as defendants, and let the court determine the allocation of responsibilities after clarifying the internal relationships. 3. For cases involving motor vehicles, first claim compensation within the limits of compulsory auto insurance, and then seek compensation from the responsible parties according to the liability ratio. If the victim has commercial third-party liability insurance, add the insurance company to the list of defendants. 4. When calculating compensation, pay attention to the unified urban and rural standards set forth in the Interpretation of Personal Injury Compensation. For loss of income, provide proof of income and verify the duration of the loss. Apply for a forensic appraisal promptly if the victim suffers from a disability. 5. When the other party evades responsibility, apply for a court investigation order to obtain the employment contracts, franchise agreements, and insurance information to verify and thoroughly investigate the responsible parties.

IV. Practical suggestions and legal basis

Legal basis: Article 1191 of the Civil Code (effective January 1, 2021) establishes the vicarious liability of employers for harm caused by employees performing work tasks and the rules for subsequent recovery of compensation; Paragraph 2 stipulates that in labor dispatch, the employing unit shall bear tort liability, and the labor dispatch unit shall bear corresponding liability if it is at fault; Article 1179 lists personal injury compensation items such as medical expenses, nursing fees, loss of income, and disability compensation; Article 1183 stipulates that if serious mental harm is caused, the victim may claim compensation for mental distress; The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (amended version effective May 1, 2022) clarifies the calculation standards for each item. Practical advice: Seek medical treatment promptly and keep medical records, imaging materials, and receipts intact; Retain photos of the scene, surveillance clues, and photos of work uniforms and badges; The statute of limitations is 3 years (Article 188 of the Civil Code); If the victim suffers from disability, the case should be sued after the treatment is completed; If the victim is also a courier worker, the issue of work-related injuries may also arise, which can be referred to for reference.Labor arbitration and legal services for work-related injury compensationHandle them together.

5. Henglu Law Firm's Reminder

The correct procedure after being injured by a delivery vehicle is: seek medical treatment, report the accident to the police, secure evidence, identify the employer, and then claim compensation, rather than repeatedly debating whether to sue the employee or the company. The law imposes vicarious liability on the employer precisely to provide victims with a solvent party to whom they can seek compensation. Whether the full amount can be recovered depends on whether the defendant's identification, insurance investigation, and preservation measures are in place. If you are currently facing a similar dispute, it is recommended that you seek legal assistance as soon as possible.Legal services for personal injury and medical disputesThe appointment for an assessment allows the lawyer to determine the list of defendants, estimate the compensation, and control the pace of the proceedings.

Q1: If the courier can't afford to compensate personally, can they win the lawsuit against the courier company?

The key point is whether it belongs to the execution of work tasks. According to Article 1191 of the Civil Code, if a courier causes damage to others during the delivery process, the employer shall bear tort liability, without the premise that the employee has the ability to compensate. When claiming compensation, it is necessary to prove the labor relationship and the facts of performing duties, such as dispatch records, work uniforms and badges, and the consistency of the accident time, route, and delivery area. If all the conditions are met, the court will usually rule that the company should bear responsibility; listing the company and the courier as joint defendants can effectively reduce the risk of enforcement failure.

Q2: If you are injured by a delivery truck, what evidence should you preserve?

First, secure the evidence: the traffic police accident identification report or police response records, on-site photos and surveillance clues, photos of the other party's work uniforms and vehicles, medical records and medical expense receipts, proof of loss of income from work and nursing expense certificates. If the other party flees the scene, promptly retrieve surrounding surveillance footage and file a complaint with the platform to leave a record, which will help identify the person and their affiliated unit. If the injury constitutes a disability, after the treatment is completed, commission a forensic appraisal. The appraisal opinion is the core basis for disability compensation and mental distress compensation, which directly determines the total amount of compensation.

Q3: What items can I claim compensation for, and how is the compensation amount calculated roughly?

According to Article 1179 of the Civil Code and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Personal Injury Compensation Cases (the amended version implemented on May 1, 2022), the following can be claimed: medical expenses, hospitalization subsistence allowances, nursing fees, loss of income, nutritional expenses, and transportation expenses; for cases involving disability, disability compensation and assistive device expenses shall be added; for cases involving death, death compensation and funeral expenses shall be added; for cases causing serious mental harm, compensation for mental distress may be claimed separately. Disability compensation and other items shall be calculated according to unified urban and rural standards, and the specific amounts shall be directly related to the disability grade and income evidence.

Q4: How long will it take to receive the compensation money?

The statute of limitations is three years (Article 188 of the Civil Code), calculated from the date when the victim becomes aware of the infringement of his/her rights and the identity of the obligee. In terms of procedural timelines, first-instance summary procedures generally take three months to conclude, and ordinary procedures generally take six months. However, cases resolved through mediation or where the other party voluntarily compensates may be significantly shorter; for cases involving serious injuries that require appraisal, the appraisal period is approximately one to three months. Those who are financially struggling can apply for provisional enforcement of medical expenses during the litigation process. It is recommended to file a lawsuit as soon as possible after securing evidence, while investigating the other party's insurance coverage. The speed of recovering funds depends on whether the defendant's identity and insurance coverage have been clarified.

Q5: If the courier is from a franchised station or a crowdsourced platform, who should I claim compensation from?

In the franchise model, couriers are mostly employed by outlets, and the outlet operators are responsible. They can sue both the courier company and the outlet at the same time. After the court clarifies the franchise relationship, it will determine the responsibility sharing. Crowdsourced riders generally form a new employment relationship with the platform. The platform usually purchases rider accident insurance or third-party liability insurance. It should first verify the insurance and claim according to the rules. Regardless of the form, motor vehicle accidents are first compensated by the compulsory motor vehicle liability insurance. Before suing, verify the subject through industrial and commercial registration, dispatching system, and insurance policy to avoid suing only an individual who lacks the ability to pay.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm