When they realize that the driver who hit them is enrolled in the Amazon Flex program, many injured people imagine getting millions of dollars from the internet giant. However, as an Albany car crash lawyer knows, if you want to get compensation after an Amazon Flex accident, you must be realistic in your demands.
Let us discuss how Amazon may pay for your damages, under what conditions and in how much:
Amazon Flex Drivers Are Not Employees
First of all, you will not be able to sue Amazon for negligence, because Amazon Flex drivers are independent contractors, not employees. They have the same status as Uber drivers. Only, instead of carrying passengers, they deliver Amazon orders to clients.
Thus, the vicarious liability principle is not applicable, because it is only valid for the employer-employee relationship. However, Amazon provides commercial insurance to drivers enrolled in the Flex program. The maximum coverage is $1,000,000, but it only kicks in under specific circumstances.
When Will Amazon Flex Insurance Pay for Your Damages?
You may file an Amazon Flex accident claim against the commercial insurance only in the following situations:
- The Amazon Flex driver was on their way to pick up an order
- The driver had the package in the car and was driving to the client’s address to deliver it.
Therefore, when documenting the circumstances of the crash, it is essential to determine the driver’s status and take a photo of their Amazon Flex app on the mobile phone to prove it.
Other Factors Determining the Amount of Damages You Can Demand
When an Albany car crash attorney starts preparing your demand letter and calculating your damages, they will take into account the following aspects:
1. Your Economic Damages
The economic damages are the cornerstone of any car accident claim. If you cannot prove that you suffered financial losses, you do not have a case. Personal injury law, which includes accident claims, exists to compensate people for economic damages, not to punish wrongdoers with jail and other penalties reserved for criminal charges.
Thus, the first step in an Amazon Flex claim is identifying and adding up eligible damages, such as:
- All medical care costs, including: ambulance ride cost hospital bills, refilling prescriptions, going for follow-up medical examinations
- Property damage, starting with your damaged car, and extending to any belonging that were destroyed in the accident
- Lost wages
- Loss of earning capacity, if you are left with a disability that prevents you from returning to work
- Future costs with medical care, nursing care and assistive devices for your disability.
It is important to estimate all the eligible damages when you file your claim, so consult with an experienced Albany car accident attorney.
2. The Non-Economic Damages for Pain and Suffering
Car accidents cause not only economic damages, but also physical pain, mental anguish and emotional trauma. Personal injury law recognizes that victims should be compensated for the pain and suffering they have to endure as a result of another person’s negligent actions.
There are two accepted methods for calculating pain and suffering damages after an Amazon Flex accident:
- The per diem method: a daily compensatory amount is determined and multiplied by the number of days you spent in hospital and rehabilitation care
- The multiplicator method: a factor ranging between 1.5 and 5 is multiplied by your total economic damages.
3. The Comparative Negligence Principle Applicable in Georgia
Last but not least, the amount you can get in compensation at the end of the claim depends on your own percentage of fault for the accident. Georgia uses a comparative negligence principle, which gives you the right to file a claim only if you are less than 50% at fault.
Also, even if you are eligible to file a claim, your total damages will be reduced by your percentage of fault. This means that you will not likely recover the full amount in the demand letter. However, with a skilled attorney, the final settlement will be fair and cover all or most of your damages.
Schedule a Free Case Review with an Albany Car Crash Lawyer!
The first thing to do after being released from hospital after an Amazon Flex accident is scheduling an appointment with an Albany car crash lawyer at Joe Durham Jr., P.C.. The attorney will examine the available evidence and determine if you can file a claim against the Amazon Flex insurance policy.
As a new client, you benefit from a free case evaluation, so call us today at 229-210-6226!
