Who Pays if an Amazon Delivery Driver Causes an Accident?

by Gina Corena

posted in Las Vegas Car Accident Attorney on November 21, 2022

Who Pays if an Amazon Delivery Driver Causes an Accident?

Justin Hartley was riding his Harley in Virginia Beach recently, when an Amazon delivery truck collided with him, causing him to lose his leg below the knee. 

Hartley and his attorney filed a $100 million lawsuit against Amazon, Amazon Logistics, and the driver, claiming that the company is setting unrealistic deadlines and expectations, forcing drivers to rush, lose focus, and drive carelessly. 

According to the lawsuit, the Amazon driver, who was driving a rented Hertz truck with an Amazon logo on the side, turned into Hartley’s lane while looking down at Amazon’s Flex app on a navigation device provided by Amazon. If drivers fall behind in the company’s required pace for deliveries, a text is sent to the driver, which could reduce their pay. 

Unfortunately, this led to many surgeries and physical rehab treatment totaling several hundred thousand dollars for Hartley along with him losing the ability to work as a welder because of his injuries. Hartley is not the only victim of an accident involving Amazon delivery drivers. In 2021, there were about 120 car accident lawsuits against Amazon in 35 states across the country.

What Types of Amazon Vehicles are Involved in Accidents?

The thousands of vehicles in the Amazon fleet that are on the road making deliveries every day come in a variety of options, including:

  • Amazon delivery sprinter vans
  • Amazon Prime semi-trucks
  • Amazon Flex cars, which are delivery drivers using their personal vehicle or renting a vehicle

Regardless, victims of a car crash that involves any of these Amazon vehicles can file an insurance claim against the company to receive the compensation they deserve for a full recovery, both financially and physically. 

That is because Amazon accidents are covered by a commercial insurance policy if the driver was on duty at the time of the crash – even if the contracted employee was driving their personal vehicle or one they rented from another shipping company.

There are multiple ways drivers can be held legally responsible for a collision, such as:

  • Amazon Flex drivers: The driver and Amazon are liable.
  • Amazon Prime semi-truck or delivery vans: The driver, Amazon, and the third-party shipping company listed on the accident report.

What is the Breakdown of Who Pays in an Amazon Wreck?

The insurance coverage available to those victims of a car accident in Las Vegas with an Amazon vehicle depends on whether they were hit by an Amazon Flex car or Amazon Prime delivery truck or van. Insurance could cover damages from the accident, such as medical bills, reduced wage earnings, and pain and suffering.

Amazon Flex Insurance Coverage

Amazon ensures Flex drivers for liability, comprehensive and collision, and uninsured or underinsured drivers. 

Here is a more detailed breakdown:

  • Liability insurance covers up to $1 million for property and bodily injuries for the other driver and passengers.
  • Comprehensive and collision insurance covers up to $50,000 for damage to the driver’s vehicle if the driver has a personal comprehensive policy. 
  • Uninsured or underinsured covers up to $1 million for Amazon drivers hit by uninsured or underinsured drivers. 

Amazon Prime Truck and Delivery Van Insurance Coverage

This insurance coverage gets more complicated than Amazon Flex insurance for all parties. That is because Amazon works with a large system of third-party shipping and logistic companies for deliveries, and each of these vehicles will have a separate insurance policy after an accident.

However, Amazon does require all third parties and partners to carry auto insurance so that drivers can file a claim directly against Amazon for the harm caused by an accident. But the company dodges responsibility for these accidents and denies liability for those caused by delivery partners because they do not technically employ the drivers. 

What Causes Amazon Delivery Driver Accidents?

Car Accident Lawyer

Amazon delivery driver accidents often happen because the driver:

  • Is distracted by using a mobile app, such as the Amazon GPS app.
  • Is in a rush to meet a delivery deadline or hand over a package to a customer.
  • Is driving carelessly or recklessly.
  • Has little or no experience operating a delivery vehicle.

The streets of Las Vegas have been increasingly filled with delivery driver traffic in this popular “gig economy,” which includes UberEats, DoorDash, GrubHub, and more on top of Amazon drivers. Also, whether a driver is employed part-time or full-time should not matter in the case of an accident. What matters is whether the delivery driver was working his shift when the accident occurred.

What Should Motorists do After a Car Accident with an Amazon Driver?

Motorists in Las Vegas should follow these steps after a car wreck to make the process of filing an insurance claim against Amazon smoother:

Seek medical attention. This should be the first priority, of course, to limit serious injuries to all involved in the accident – especially in a life-or-death scenario.

Report the accident to law enforcement. If there is a police report that documents the accident, also known as an SR-1, it will make the claims process much smoother. The accident report will indicate who was at fault and the at-fault driver’s insurance provider.

Take photos of the accident scene. Detailed photos, which will be further reviewed by law experts and insurance agents, are important to each case. This includes photos or dash cam footage documenting any damage sustained to both vehicles in the accidents.

Gather more information. Gather the Amazon driver’s insurance information and ask if they were on or off duty at the time of the accident. Also, gather contact information of any witnesses at the scene of the accident.  And be sure to keep all accident-related information, such as the accident report and all medical bills. 

Contact insurance companies. Contact your own insurance company to make them aware of the accident – even if you were not at fault, which will be helpful if a claim needs to be filed against an underinsured delivery driver to cover damages. Drivers should also contact the insurance company listed on the accident report to start the claim process. If the driver was hit by an Amazon Flex driver, they can contact Amazon directly. It is important not to disclose too much information about the wreck.

If you have been involved in an accident caused by an Amazon delivery driver, please call 702-680-1111 or contact us online so we can start discussing your case.

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