The rise of rideshare services has created a new niche service: home deliveries by drivers enrolling in a specific program. Among them, Amazon Flex drivers are an increasing presence on the street. So, what happens if one of them hits your car? Can a Boca Raton car accident lawyer help you sue Amazon for damages?

Here is what you need to know on this topic.

Flex Drivers Are Not Amazon Employees

The first thing you must know is that you cannot sue Amazon if a Flex driver caused your accident. Just like Uber or Lyft drivers, Amazon Flex drivers are independent contractors.

This means that the vicarious liability of the employer principle does not apply to them. However, Amazon provides its collaborators with sufficient commercial insurance coverage – up to $1,000,000 for accidents they may cause.

When Does the Amazon Insurance Coverage Kick In?

Amazon specifies that its insurance coverage kicks in only if the driver is “actively driving and delivering” orders. Thus, at the moment when they crashed into your car, the Amazon Flex driver:

• Must have accepted a delivery order and was driving to pick up the parcels
• Had the parcels in their car and were driving to the delivery address.

Outside these two situations, you will have to file your accident claim only against the driver’s personal liability insurance policy.

Things You Must Do After an Accident with an Amazon Flex Driver

As a general rule, a Boca Raton car accident attorney recommends you follow the same best practices as you would after any traffic incident:

• Report the accident to the police.
• Take photos and videos of the accident scene.
• Look for eyewitnesses and ask for their contact details.
• Seek immediate medical care.
• Keep copies of medical records and expenses.

However, once you notice the Amazon Flex logo on the driver’s car, you must take a supplementary step. You should ask the driver if they were active in the Amazon Flex app.

If the answer is yes, take a photo of the driver’s mobile phone or tablet showing their active status and – very importantly – the time. Amazon may try to claim that the driver was off duty when the accident happened.

You Will Have to Prove the Driver’s Fault to Win Compensation

If your PIP insurance doesn’t cover all of your losses, you will need to prove the driver was at fault to pursue compensation from Amazon’s insurance coverage. You will have to present relevant evidence showing that:

• The Amazon Flex driver was negligent and caused an accident
• You suffered injuries in the accident
• The injuries resulted in economic damages.

You must make sure that you go to the nearest hospital as soon as possible after the accident. Also, keep every single document related to medical care or expenses in connection with the accident.

Your lawyer will need these documents, plus the accident report prepared by the police officers who investigated the crash, to win your case.

Because Florida now uses a modified comparative negligence principle in car accident cases, you can only win damages if you are less than 50% at fault. Amazon’s insurance adjusters will likely try to shift the blame onto you, so you need a skilled attorney on your side.

How Are Amazon Flex Accidents Different from Other Car Crashes?

When you file an accident claim against the driver’s Amazon Commercial Auto Insurance Policy, expect a very difficult legal battle. The online giant works with the biggest insurance companies. Thus, you will be face to face with a highly trained and experienced adjuster, who will look for every opportunity to put a dent in your case and deny your claim.

This is not a battle to fight on your own if you want to win fair compensation. You will need an equally trained and experienced attorney to negotiate your claim.

Talk to a Boca Raton Car Accident Lawyer About Your Amazon Flex Crash!

If you were hit by an Amazon Flex driver, you need to be careful about your actions, because they can impact your chances of getting compensation from the Amazon insurance policy. After you are released from the hospital, you should get in touch with a Boca Raton car accident lawyer at our firm before filing your claim.

We work on a contingency fee basis, meaning our attorneys only get paid after winning your case. Since you get a free case evaluation as a new client, you have nothing to lose, so call us today at (786) 686-2857!