As if there was not enough traffic around Park Slope, Amazon now has more delivery vehicles operating in the area than ever before. Naturally, this has led to many more accidents in the neighborhood.
Fortunately, our attorneys have been handling these cases virtually as long as Amazon has been making deliveries and can help you navigate the complicated road to getting compensation. We can typically get coverage quickly for your medical expenses and lost income by filing with your insurance company. However, Amazon and the driver that hit you will also have insurance coverage for damages your insurance does not cover. While we might not be able to sue Amazon directly, we can still file a lawsuit against the driver or other negligent parties if you suffered pain and suffering damages from being seriously injured.
For a free case analysis with our Brooklyn, NY Amazon delivery vehicle accident attorneys, contact The Carrion Law Firm today at (718) 841-0083.
Getting Compensation for an Amazon Delivery Vehicle Accident in Park Slope, NY
With its massive package shipping operations and Whole Foods deliveries, Amazon delivery vehicles can be seen all over Park Slope and the greater Brooklyn area. As such, the number of accidents involving Amazon’s drivers has steadily increased. Unfortunately, recovering compensation after these types of accidents can be extremely confusing. However, the confusion often arises because of the number of options you could potentially pursue.
Our Amazon delivery vehicle accident lawyers can explore each of these options with you and determine a strategy to cover all the damages you sustained. We can explain how your insurance can provide basic coverage and how you can file for additional damages with Amazon’s insurance or the delivery driver’s coverage. If insurance is not enough to cover your losses, we can verify if you will be able to file a lawsuit. The following will help you understand the complex recovery process for an Amazon delivery vehicle in Park Slope:
Personal Injury Protection Insurance
The first place to turn for compensation will typically be your own Personal Injury Protection (PIP) Insurance. Under New York’s no-fault insurance rules, car accident victims must first turn to their own insurance to cover their medical expenses and lost wages. The primary benefit of this system is that you do not have to prove the Amazon driver was negligent. As long as you have evidence of the accident, like a police report and medical records confirming your injuries, you will receive PIP compensation.
Unfortunately, PIP will not cover other damages from your accident, such as your non-economic losses. Further, PIP only covers a maximum of 80% of a victim’s lost wages and will only cover up to $50,000 in medical expenses if a victim only has basic coverage. Considering that many Amazon vehicle accidents are serious, it is likely you will exceed these limits quickly. In such a situation, you could file for additional coverage from Amazon’s insurance or the driver’s.
Amazon and Flex Driver Insurance
Fortunately, Amazon has a sizable insurance policy to cover accidents involving its flex drivers. For instance, Amazon insurance has liability coverage for up to $1,000,000 for bodily injuries and property damage per accident. If you exhausted your PIP insurance, you can file a third-party claim with Amazon’s insurance if the driver was on duty and making deliveries at the time.
Flex drivers are also required to carry commercial insurance in New York. This essentially gives you another option to get your damages covered. However, if the flex driver was off duty when they crashed into you, these commercial insurance options will not be available. Instead, we can turn to the driver’s personal car insurance coverage for additional damages.
The problem is that insurance might not be enough to cover all your losses. In many cases, insurance companies refuse to pay compensation for pain and suffering, leaving victims on the hook for any damages PIP and Amazon will not cover. To get compensated for your remaining damages, we will need to determine if the law allows you to file a lawsuit.
Lawsuits
Unlike other states, you cannot immediately file a lawsuit for a car accident in Park Slope. To reduce the amount of lawsuits being filed, victims first have to overcome one of two thresholds before being permitted to bring their claim to court. Arguably, the most straightforward way is to provide records showing that you exceeded your “basic economic losses, which I.S.C. Law § 5102(a) defines as damages surpassing $50,000. Regardless of the insurance options you availed yourself of, you can file a lawsuit if your economic damages are over $50,000.
The other way to file a lawsuit for an Amazon delivery vehicle accident is by showing that your injuries are “serious.” § 5102(d) defines serious injuries in a number of ways, including fractured bones, dismemberment, significant disfigurement, miscarriage, and other permanent or significant damage to your body. Serious injuries can also be shown if your injuries substantially impact your daily activities. The issue will then be who to sue.
Wo You Might Be Able to Sue for an Amazon Delivery Vehicle Accident in Park Slope, NY
If you can file a lawsuit, we can determine who you can file it against. Because Amazon Flex drivers are “independent contractors,” you will likely not be able to file a claim against Amazon directly since they are not considered traditional employees. The justification for this legal protection is that Amazon does not exercise enough direct control over the drivers to hold them legally liable for their negligent acts.
However, Amazon has been exercising increasing control over contracted delivery drivers, commonly determining delivery routes and communicating with drivers in real-time. If our team uncovers evidence that shows Amazon had a great deal of say in how the drivers conducted their operations, we might be able to name them in your claim.
In most cases, though, we will be limited to suing the Amazon Flex driver. They were the ones directly responsible for the accident, so they should be held liable. However, we will also sue other drivers if you were injured in a multi-vehicle accident, increasing your chances of maximizing your recovery.
While many Amazon Flex drivers work independently, others work for delivery service partners. These are typically local and regional businesses that contract with Amazon to complete their deliveries in the area. These drivers work directly for the delivery service partners, who have traditional control over their employees, like being able to fire them. This allows us to hold them vicariously liable for the negligent acts of their drivers as long as the driver caused the accident while executing their job duties.
Our Park Slope, NY Amazon Delivery Vehicle Accident Lawyers Can Help You Get Justice
Call The Carrion Law Firm at (718) 841-0083 to receive a free case review with our experienced Amazon delivery vehicle accident lawyers.