Amazon Flex drivers are a unique category of delivery personnel who play an integral role in Amazon’s promise of fast, efficient delivery. However, the nature of their work raises important questions about liability, insurance coverage, and what happens if an accident occurs involving one of these drivers. As experienced personal injury attorneys at Malchow Johnson Injury Lawyers, we’re here to shed light on these issues and help you navigate the legal complexities.
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Who Are Amazon Flex Drivers?
Amazon Flex drivers are independent contractors who use their own vehicles to deliver packages for Amazon. They operate under a gig-economy model similar to Uber or DoorDash, and their role involves picking up packages from Amazon facilities and delivering them to customers within a designated time frame.
Unlike traditional delivery drivers employed by companies like UPS or FedEx, Amazon Flex drivers are not considered employees of Amazon. This distinction has significant implications for liability and insurance coverage in the event of an accident.
How Are Amazon Flex Drivers Different From Regular Drivers?
Employment Status:
Amazon Flex Drivers: Independent contractors, responsible for their own taxes, expenses, and insurance.
Traditional Delivery Drivers: Employees of a company, covered under their employer’s insurance and benefit programs.
Vehicle Ownership:
Amazon Flex Drivers: Use personal vehicles for deliveries.
Traditional Delivery Drivers: Operate company-owned or leased vehicles.
Insurance Coverage:
Amazon Flex Drivers: Rely on a combination of personal auto insurance and Amazon’s insurance policy, which may have limitations.
Traditional Delivery Drivers: Typically covered under their employer’s commercial auto insurance policy.
Leland Malchow
Attorney - Partner
Chris Johnson
Attorney - Partner
Dane Anderson
Associate Attorney
Bailey Marshall
Associate Attorney
What Happens If There Is an Accident Involving an Amazon Flex Driver?
If you’re involved in an accident with an Amazon Flex driver, determining liability and insurance coverage can be challenging. Here’s what you need to know:
Insurance Coverage for Amazon Flex Drivers
Amazon provides insurance coverage to its Flex drivers, but it only applies under certain conditions:
- Primary Auto Insurance: Drivers must maintain their own personal auto insurance policy, which is the first line of coverage.
- Amazon’s Contingent Liability Insurance: Provides coverage when the driver is actively engaged in making deliveries for Amazon. This includes:
- Auto Liability Coverage: Up to $1 million per accident for third-party injuries and property damage.
- Uninsured/Underinsured Motorist Coverage: Covers accidents involving drivers who lack sufficient insurance.
- Contingent Comprehensive and Collision Coverage: Covers damages to the driver’s vehicle, provided they have comprehensive and collision coverage on their personal policy.
Challenges in Accident Claims
- Determining Active Delivery Status: Amazon’s insurance only applies if the driver is actively delivering a package. If the driver is between deliveries or using their vehicle for personal errands, their personal insurance may be solely responsible.
- Insurance Denials: Personal auto insurance policies often exclude coverage for accidents occurring while the vehicle is used for commercial purposes, potentially leaving the driver personally liable.
- Multiple Policies: Navigating claims between personal and Amazon’s contingent policies can be complex, especially when disputes arise over which policy applies.
What Should You Do After an Accident With an Amazon Flex Driver?
- Seek Medical Attention: Your health is the top priority. Ensure you receive immediate medical care for any injuries.
- Document the Scene:
- Take photos of the vehicles, license plates, and damages.
- Collect contact information for the driver and any witnesses.
- Note the time and circumstances of the accident.
- Confirm the Driver’s Status: Determine whether the driver was actively delivering for Amazon at the time of the accident. This information is critical in determining which insurance policy applies.
- Contact an Experienced Attorney: Amazon Flex accidents involve unique legal and insurance complexities. An experienced attorney can help you:
- Investigate the driver’s status and insurance coverage.
- Navigate claims against personal and commercial insurance policies.
- Pursue fair compensation for your injuries and damages.
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How Malchow Johnson Injury Lawyers Can Help
At Malchow Johnson Injury Lawyers, we have extensive experience handling complex personal injury cases involving gig-economy drivers. If you’ve been injured in an accident with an Amazon Flex driver, we’ll:
- Conduct a thorough investigation to determine liability.
- Advocate for your rights against large corporations and insurance companies.
- Pursue maximum compensation for your medical bills, lost wages, pain, and suffering.
Accidents with Amazon Flex drivers can be overwhelming, but you don’t have to navigate the process alone. Contact us today for a free consultation and let us help you get the justice and compensation you deserve.
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