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When someone else hits your car, you may feel angry and wonder what your options are. With home delivery services such as Amazon on the rise, there are more delivery drivers and large delivery trucks on the road than ever.
If a New Mexico Amazon commercial vehicle hit your car, you may be wondering who is responsible for paying your damages.
What Should I Do if a New Mexico Amazon Van Hit My Car?
Amazon has grown tremendously in recent years and this means more delivery drivers on the road who may or may not have experience driving trucks. The volume and availability of Amazon delivery means that more people are signing up to deliver, which could put other drivers at risk. Amazon delivers its own packages instead of using carriers such as USPS, FedEx, or UPS. Amazon hires its own drivers and most work as independent contractors.
Amazon delivery drivers are often in a rush to complete deadlines on time for delivering packages. They may fail to follow traffic laws for parking when they deliver packages, which can lead to accidents.
As Amazon drivers and vehicles continue to increase, Amazon accidents have increased as well. If a New Mexico Amazon van hit your car, you may have a claim for damages and a right to compensation.
Amazon Delivery Accidents
Many car accidents occur due to the negligence of drivers. Amazon delivery accidents could be caused by negligent or reckless driving, failing to follow traffic rules, or driving while distracted or under the influence. Delivery truck accidents may also be caused by the pressure to work quickly.
Large vans and trucks that are used by Amazon for their deliveries have the potential to cause a lot of harm. According to the Federal Motor Carrier Safety Administration (FMCSA), there are many safety considerations when it comes to large trucks on the road with regular cars. Because Amazon provides its drivers with vans in some areas, these vehicles have a larger size and weight than other cars on the road. Accidents with an Amazon delivery vehicle could cause severe injuries and maybe even wrongful death.
Steps to Take
Follow the following steps to reduce harm and further damages if you are hit by an Amazon driver:
1. Contact the Police
Call 911 if anyone is injured. Calling the police will also enable you to file a police report which can help with future claims. The police can also help direct traffic and ensure the safety of other drivers on the road.
2. Exchange Information with the Delivery Driver
You should always exchange information with the other driver if possible, but in the event of a car accident with Amazon, their information will be even more relevant. You may be able to pursue a claim against not only the driver, but possibly Amazon as well.
Make sure to collect the name of the driver and the license plate of the Amazon delivery vehicle. The driver themselves and Amazon may have different insurances. Be sure to ask for both. Ask the driver if they were on or off duty at the time of the accident. They may or may not answer this question, but this will be crucial to your claim.
3. Document the Scene
Take pictures of both vehicles, including any damages and any injuries to yourself. Other important information to document include the time of day, location, road conditions, and weather conditions that may have contributed to the accident. If there were any witnesses, gather their contact information and ask if they would be willing to provide a statement.
4. Seek Medical Treatment
You should always seek medical treatment after a car accident, even if you do not think you are injured. Amazon delivery trucks have the potential to cause serious injuries during a crash. After a crash, you may be experiencing shock or adrenaline which can hide signs of pain and injury. You will also want to document any injuries should they get worse or you if you decide to file a claim in the future.
5. Report the Accident
Not only should you report the crash to the police, but you should report the accident to Amazon as well. Amazon’s insurance may reimburse you for the accident or they may pursue the insurance of the driver instead. Amazon may hire a driver as an independent contractor, which might make pursuing a claim against Amazon more difficult. Our experienced attorneys can help assist you in a claim if you have been hit by an Amazon driver.
6. Speak with an Attorney
Contact one of our experienced car accident attorneys as soon as possible. Delivery truck accidents can be complex and may require assistance to ensure all of your damages are compensated.
Amazon Insurance Coverage
Amazon Flex, a delivery team of Amazon, carries a $1 million liability insurance per incident. This liability coverage covers damage to a third-party person or vehicle, no matter what kind of insurance policy you or the driver has. For uninsured or underinsured drivers, there is a $1 million coverage for personal injury and damages to the vehicle, even if the other driver is at fault. Amazon also covers up to $50,000 in damages if you already have personal auto insurance that includes comprehensive and collision coverage.
However, drivers in New York are not covered by this policy as New York drivers are required to have their own insurance policy.
As a delivery driver for Amazon, Amazon requires the driver to maintain the required amount of insurance in their state. Amazon’s insurance coverage is meant to be in addition to the driver’s personal coverage. All drivers are provided with Amazon’s Commercial Insurance Policy at no cost. The auto insurance policy applies only to Amazon Flex drivers for the vehicle that they are driving, at the time during a delivery.
Amazon has many different delivery services and may have different vehicles and policy insurance for each. Some Amazon deliveries allow the driver to use their own vehicle. Amazon most likely offers insurance coverage in case of accidents involving their drivers and vehicles, but you should still be sure to contact an experienced attorney to understand your rights and limitations.
Amazon’s Policy for Accidents
Amazon provides its drivers with steps to take should they be involved in a car accident while delivering for Amazon. This information is provided to drivers through a mandatory app that they must download to complete deliveries. Amazon requires drivers to comply with local laws and reporting the incident to police and their insurance company. Amazon additionally requires drivers to provide details of their own insurance to the other party, as well as Amazon’s Commercial Auto Insurance Policy.
If Amazon hits your car, you may be able to file a lawsuit to recover compensation. The amount of compensation will depend on the details of your claim. Depending on the details of your claim, you may be able to recover:
How Long Do I Have to File a Claim?
If a New Mexico Amazon commercial vehicle hit your car, you should file a claim as soon as possible. New Mexico has a time limit of three years to file a claim from the date of the accident. You could lose your right to sue and your right to compensation if you go over this time limit, known as the statute of limitations. Contact an attorney as soon as possible so you do not miss the deadline to file a claim.
Who Can I Sue?
You may be able to sue the Amazon delivery driver as well as Amazon if an Amazon delivery driver hits your car. While Amazon hires delivery drivers as independent contractors, you may be able to pursue a claim against one or the other or both. Independent contractors are sometimes subject to different liability. What caused the accident will help you determine who to sue.
Being involved in a car accident is a stressful situation and dealing with Amazon and its policies may be overwhelming. A lawyer may help advocate for you and seek a beneficial outcome on your behalf.
Zinda Law Group May Help You Seek Damages
At Zinda Law Group, our experienced New Mexico personal injury lawyers have handled many cases involving Amazon truck accidents. We have the knowledge and resources necessary to help you determine what to do next and to help recover the best possible outcome for your case.