Amazon is a major part of American commerce with a reach that spans from one end of the country to another. Their delivery drivers are everywhere, and they are constantly pressed by deadlines to deliver packages on time. When these drivers get careless, accidents can happen.
If a negligent Amazon driver hits your car, you may be able to sue them for compensation in some cases. Whether or not you can pursue a lawsuit depends on the relationship the driver has with Amazon directly. However, an insurance payout might also be an option for you even if a lawsuit is not.
When Is Amazon Liable for an Accident?
The circumstances surrounding your accident will determine if you have a viable case directly against Amazon or not. This is because Amazon frequently relies on independent contractors instead of hiring drivers directly as employees.
This distinction is important when it comes to filing a lawsuit. That status of the negligent driver will determine who you make a claim against.
Ultimately, it is best to discuss your options with an attorney before you pursue legal action against Amazon or their driver. The issues regarding suing an employer for the negligence of their employees are complex, and mistakes in this aspect of your case could be costly.
What About an Insurance Claim?
Even if you are not able to file a lawsuit directly against Amazon following a delivery truck accident, you might be entitled to benefits through their insurance policy. This could be possible if you were involved in an accident with an Amazon “Flex” driver. The Flex program allows Amazon drivers to deliver packages using their own vehicles.
Amazon provides Flex drivers with supplemental liability insurance for drivers while they are making deliveries. These Flex drivers must maintain a personal auto insurance policy on their vehicle to qualify for the Amazon Commercial Auto Insurance Policy. Even if filing a suit directly against Amazon is not an option, filing a claim on their insurance policy could provide you with the compensation you need.
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Can I Sue the Driver Directly?
Even if you cannot file a lawsuit against Amazon, you could have a viable case against the driver that caused the accident. Remember, the ability to file a lawsuit against the employer of a negligent party does not eliminate your case against the delivery driver. Even if the driver is not covered by Amazon’s liability coverage, you could potentially pursue a claim through the driver’s liability insurance policy.
What to Do If an Amazon Delivery Driver Hit Your Car
The steps you take following a collision with an Amazon driver are important. Make sure you meet your medical needs above all else, but you should also make sure to protect your injury claim when possible. After you contact law enforcement and address any immediate medical needs, try to:
Exchange Insurance Information
Like any accident, it is necessary to exchange information with the Amazon driver. You should get their name, contact number, and any information regarding their insurance policy. It is also important to ask if they have any additional coverage through Amazon. If the answer is yes, ask for that policy information too.
Document the Crash
Take down as much information as you can following the accident. Identify any witnesses that were present for the accident and note any vehicle damage. Take down the make and model of the vehicle the delivery driver was operating, especially if it was not a traditional delivery truck. Of course, make sure you are safe and able to document this information. If you can’t do so, our lawyer can handle getting police reports to support your case.
Contact an Attorney
You don’t have to deal with Amazon on your own. You have the right to hire an attorney that will help you fight for fair compensation following your accident. An attorney could pursue compensation on your behalf while you focus on recovering from your injuries.
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Talk to an Attorney After an Accident With an Amazon Driver
Whether or not you can sue Amazon if a delivery driver hits your car depends on the circumstances. There are times when a lawsuit could be possible, but you might have other options as well. It is important to consider every avenue when it comes to compensation for your injuries.
The attorneys of Berger and Green could guide you during your pursuit of fair compensation. To learn more about your options, call (412) 661-1400 for a free consultation.
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