It feels like Amazon delivery trucks are everywhere. By providing an almost frictionless delivery service, more and more people rely on the company to deliver products and even groceries to their door. However, this responsiveness comes at a cost. Amazon operates on aggressive delivery schedules, prompting some drivers to drive aggressively or take unnecessary risks. If you were hit by an Amazon delivery driver, it’s important to know what to do and the steps to take to protect your rights.

Key Takeaways:

• Most Amazon deliveries are made by Delivery Service Partners (DSP) rather than Amazon itself. These are independently owned companies that employ their own drivers as W-2 employees. Amazon’s contract with each DSP requires a minimum of $1,000,000 in commercial automobile insurance coverage, with Amazon listed as an additional insured.
• Amazon Flex drivers use their personal vehicles and work as independent contractors. They are covered under Amazon’s contingent liability insurance policy, but only while they are actively making deliveries. Most personal automobile insurance policies do not apply when the vehicle is being used for commercial purposes. This can leave a gap in coverage if there is a dispute about whether the driver was working at the time of the crash.
• Drivers involved in an accident in Ohio are required to stop and exchange contact, insurance, and vehicle registration information.
• The statute of limitations for most personal injury claims in Ohio is two years from the date of the injury.

Hit by an Amazon Delivery Driver? 8 Steps to Protecting Your Claim.

Amazon delivers most of its packages through one of two service models. The service model under which the driver who hit you was operating determines the process for seeking compensation for your injuries and other losses. Here are the steps you should take to protect your claim:

Step 1: Stop, Check for Injuries, and Call the Police

After being hit by an Amazon delivery driver, check yourself and any passengers for injuries. If you are able, check on the driver of the other vehicle. Ohio law requires that drivers involved in an accident stop and exchange names, addresses, and vehicle registration information with the other driver, anyone injured, and any police officer at the scene. Calling the police also ensures there is an official record of the accident.

Step 2: Document the Scene, the Vehicle, and the Driver

If possible, take photographs and video of the accident scene, including the vehicles, their location, stop signs or traffic control devices, and weather conditions. Note the markings on the vehicle and whether it has the Amazon smile logo, a DSP company name, or is a plain white rental van. Documenting this information protects your rights regardless of whether the driver is an Amazon DSP employee or an Amazon Flex driver.

Step 3: Determine Whether You Were Hit by a DSP Driver or an Amazon Flex Driver

Most branded Amazon vans are driven by DSP employees. A DSP is an independently owned company that employs its own W-2 employees and carries its own commercial liability insurance.

If you were struck by an unmarked delivery van, it may belong to an Amazon Flex driver, who is likely an independent contractor driving their own vehicle. In these cases, Amazon’s contingent liability insurance policy applies.

The easiest way to determine which type of claim you will be pursuing is to ask the driver whether they were driving for Amazon and, if so, through which program.

Step 4: Seek Medical Attention, Even If You Feel Fine

Drivers often report feeling fine immediately after a car accident, then develop pain, stiffness, or other symptoms hours or even days later. The delayed onset of symptoms is often caused by the body’s fight-or-flight response, which releases adrenaline and endorphins that can mask pain from the injuries. Many people do not realize they were hurt until the adrenaline and endorphins subside.

A doctor can examine you to identify any injuries and prescribe a treatment plan. An accurate record makes it easier to establish the nature and extent of your injuries and that they were caused by the accident.

Step 5: Report the Crash to Amazon

Even if the other driver was working for a DSP or was an Amazon Flex driver, you should still report the crash to Amazon directly to create an independent record. However, understand that reporting the accident to Amazon is not the same as filing a claim. Your claim will be processed through the DSP or Amazon Flex driver’s insurance policy, rather than through Amazon itself.

Step 6: Notify Your Automobile Insurance Carrier

After being hit by an Amazon delivery driver, notify your own insurance carrier of the accident, regardless of who you believe was at fault. Most insurance policies require prompt notice, and notifying your insurance carrier protects you if there is a dispute over who was at fault. This step is particularly important in accidents involving Amazon delivery drivers.

If the driver was an Amazon Flex driver and there is a dispute as to whether they were driving for Amazon at the time of the accident, Amazon’s contingent liability insurance policy may not apply. Notifying your insurance company of the accident will protect you if you need to seek coverage through your carrier.

Step 7: Ask for Records Before They Disappear

Most commercial vehicles contain GPS, dash cameras, the driver’s delivery schedule, and other trip data. This information can be used to prove what the driver was doing and when, which can be vital to proving fault and whether the driver was actively working at the time of the crash. However, most companies have a records retention policy that calls for the destruction of documents and other information after a certain amount of time.

Once a company is formally notified of a potential claim, it has a legal duty not to destroy any potentially relevant information and can face legal penalties if it does. However, the company’s records retention policy might only require keeping certain records for a short period of time. Waiting even a few weeks could result in the destruction of important evidence.

Step 8: Speak to an Attorney Before You Accept a Settlement

Determining whether Amazon’s DSP insurance policy, Amazon Flex’s contingent liability policy, or the driver’s personal insurance policy applies can be challenging. The delivery truck accident attorneys at Robenalt Law can investigate to determine which insurance policy applies, prepare a comprehensive settlement demand package that accounts for the full nature and extent of your injuries and other losses, and negotiate with the insurance company to achieve a full and fair resolution to your claim. You should speak to an experienced personal injury attorney before accepting any settlement offer after being hit by an Amazon delivery driver.

Work with an Attorney Team Who Knows Amazon’s Delivery Network

Accidents involving Amazon delivery trucks are not like other car accident injury claims. If you were hit by an Amazon delivery driver, our knowledgeable delivery truck accident attorneys can help you navigate complex insurance policies and ensure you receive the compensation you deserve after an accident.

Robenalt Law has offices in Cleveland and Columbus, and represents people who were seriously injured in delivery truck accidents throughout Ohio and nationwide. Call our Cleveland office at (216) 354-1911 or our Columbus office at (614) 321-8739 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.