Amazon accident claims can help casualties in case they suffer from an accident caused by Amazon drivers. Accordingly, you should know how to handle this case and be prepared whenever you want to file a claim. Let’s read this article below to understand better the condition of the case!
What Should You Do Following the Amazon Accident?
Amazon accident can be a catastrophic experience for you. However, you should stay calm and collected in handling this incident. Following the accident, there are several things you need to do before filing the Amazon accident claims.
1. Seek Medical Treatment Right Away
Following the accident, check your condition and whether you get injured. If you get injured by an Amazon driver, treating your wound is your priority. Immediately seek an ambulance or medical help to take care of your injury.
You may also check the condition of the Amazon driver. Are they alright? Or do they need medical treatment? Call 911 to seek help from law enforcement and medical professionals.
2. Report the Accident to the Person in Authority
The next thing you should do is report to law enforcement. Police will aid you in making an accident report. This accident report will help investigate and determine who is the at-fault party for the incidents. Therefore, you should provide the police with detailed information about the accident.
3. Documenting Evidence from the Accident
Taking photos or videos of the incidents is crucial in filing Amazon accident claims. Although the police who inspect the incident may take photos as evidence, you must have your own evidence. You may take photos of the accident, vehicle damage, injuries, or other footage documents.
This evidence will be helpful for the law expert or insurer to examine your case. Hence, it will increase your possibility to win the case.
4. Collect More Information
Gathering evidence doesn’t stop by taking photos or videos of the accident. You need more proof to reinforce your case, including accident reports and medical reports. If there are witnesses, ask for their contacts for further information. Be sure to collect relevant evidence that relates to the accident.
On top of that, don’t forget to exchange information with the Amazon driver. Ask them if they are on or off duty during the accident, try to investigate their status as independent contractors or do they have insurance.
5. Notify the Insurance Company and Amazon
The next important thing is to notify Amazon customer service. Report them about the accident that their driver caused. Besides, you may also ask them about the procedure for the compensation.
Concerning compensation, you may also need to notify your insurance company. It might help you when you file coverage.
Be careful with the information you give to Amazon or insurer. They might use it to fight against you. Therefore, they have an excuse to reject your claim.
6. Contact Your Lawyer
If you want to file Amazon accident claims, you need to consult with a professional lawyer. The attorney will assist you in submitting a claim against the at-fault party to recover compensation.
Who is Liable in the Amazon Accident?
Determining who is responsible for the Amazon accident can be complicated. Aside from the Amazon driver, the company is supposed to be responsible for its workers. However, like other big companies, Amazon also tends to avoid responsibility for its drivers’ accidents.
You can look at the delivery driver classification to determine the liable party. If the driver is a direct employee of Amazon, you can take legal process against the company. However, suppose the Amazon driver is an independent contractor. Then, the company is not liable since the driver technically is not its employee.
Although it seems like a sneaky move from Amazon, hiring independent contractors allows the company to avoid liability for its drivers. Unfortunately, many of Amazon’s drivers are independent contractors. Furthermore, Amazon could hire many contractors through these programs:
1. Amazon Flex
This program allows the drivers to apply as independent contractors. It lets them deliver Amazon’s packages using their own vehicle. However, the drivers are considered as self-employed.Â
2. Delivery Service Partner (DSP)
This program is third-party employment, but it contributes to Amazon’s delivery service. Although the drivers technically are the employees of this third-party company, they often wear Amazon uniforms and use its delivery truck.Â
What Does Amazon Do to Cover Amazon Accident Claims?
Amazon’s independent contractors might hold you from filing a lawsuit against the company. However, it doesn’t mean that you can’t claim for compensation to the at-fault party. There are two ways to file a claim against Amazon’s independent contractors.
1. Amazon Flex Insurance Coverage
Amazon Flex has a safety feature to protect its drivers from accidents. Moreover, this facility protects your vehicle under Amazon Commercial Auto Insurance Policy. Find the details below regarding what is included in the insurance policy.
- Auto liability coverage of $1,000,000 for property and bodily injury;
- contingent comprehensive and collision coverage of $50,000 for damage to the driver’s vehicle; and
- uninsured or underinsured motorist coverage of $1,000,000 for Amazon drivers hit by Uninsured or underinsured motorists.
2. Amazon DSP’s Insurance Coverage
Unlike Amazon Flex, claiming coverage against Amazon DSP is more complicated. As stated before, the DSP drivers are not Amazon’s employees, but they are the third-party companies’ employees.
Therefore, employers are the ones who are responsible for providing their drivers’ auto insurance instead of Amazon. If you want to file a claim against DSP drivers, you may need to send the claim to their insurance.
Regarding this case, Amazon might be liable for a DPS driver accident. However, they tend to dodge the responsibility since DSP drivers are not their workers.
For further resolution, you need to consult with a professional lawyer. They will give the best solution to your problem.
What is to Prove in Amazon Accident Claims?
To win the case, you must prove that the Amazon driver is responsible for your vehicle’s damage or bodily injury. Therefore, you must present convincing evidence that shows the following factors.
1. You get physically injured because of the Amazon accident.
2. You lost your finances due to the accident.
3. There is proof that the driver delivered the package when the accident occurred.
4. There is proof of the reckless behavior of the Amazon driver.
5. You need restitution for medical treatment, lost wages, or covering the damages.
File the Amazon Accident Claims after the Accident!
Getting injured in an Amazon accident can be a terrible moment. However, recognize that you have an option to file Amazon accident claims. Make sure to collect all relevant evidence to support your cases, like photos, videos, and witness statements. Then, contact your lawyer for further assistance in winning the case.
