Who Should You Sue If You’re Hit by an Amazon Flex Driver? 

It happens in a flash. You’re at a red light, crossing a parking lot, or simply driving home—when out of nowhere, a car with an Amazon package in the front seat slams into you. The driver? Not an Amazon employee but someone working through Amazon Flex, the company’s gig-based delivery program. Unlike traditional trucking accidents, getting hit by an Amazon Flex driver raises all kinds of legal questions. 

Who is financially responsible for your injuries? Is it Amazon, the driver, or someone else entirely? Before you can figure out your next move, you need to understand how Amazon Flex works and how accident liability plays out in these unique cases. The Flex program operates in major cities across the U.S., where everyday drivers use their own vehicles to deliver packages. These individuals are considered independent contractors, not employees, which makes the legal situation murkier. 

Amazon has designed this structure to limit its exposure, but that doesn’t mean you’re left without options. If you’re considering legal action, it’s critical to understand how Amazon Flex accident claims work and who may be held liable in your specific situation. 

Understanding Amazon Flex’s Independent Contractor Model 

Amazon Flex drivers are classified as independent contractors. This means they’re not full-time Amazon employees, and they use their own cars to make deliveries. Because of this, Amazon often tries to claim it isn’t responsible for accidents caused by these drivers. 

However, that’s not the full story. When Flex drivers are actively delivering packages—meaning they’re logged into the app and completing a route, Amazon provides limited liability insurance coverage. This coverage kicks in only during active delivery windows and includes the following: 

• Up to $1 million in auto liability coverage 
• Up to $1 million in auto liability coverage 
• Uninsured/underinsured motorist coverage 
• Contingent comprehensive and collision coverage 

But if the driver wasn’t on the clock or had just finished their last delivery, Amazon’s insurance may not apply. That’s where things get complicated. 

When the Amazon Driver May Be Liable Personally 

If the Flex driver was off the clock either route to pick up packages or after completing a delivery, you may have to file a claim against their personal auto insurance. This can be frustrating, especially if: 

• The driver lacks adequate coverage  
• Their policy doesn’t cover accidents while working for a delivery platform 
• They deny fault 

That’s why working with an attorney becomes crucial. They can help determine whether the driver was active in the app and whether Amazon’s insurance can be accessed. 

Can You Sue Amazon Directly? 

It depends. While Amazon tries to shield itself from liability, it’s not impossible to involve the company in your claim, especially if there’s evidence that: 

• The driver was actively working on a delivery 
• Amazon failed to properly vet or train the driver 
• Amazon’s policies created unsafe delivery conditions (e.g., unrealistic deadlines or routes) 

Even if a direct lawsuit against Amazon isn’t viable, their insurance policy may still cover your damages. Knowing how to access that policy is half the battle. 

What to Do After the Accident 

If you’re hit by an Amazon Flex driver, here’s what you should do immediately: 

1. Call the police and file a report—this documentation is key for any future claims. 
2. Take photos and video of the accident scene, damages, and any visible injuries. 
3. Get contact and insurance details from the driver. 
4. Seek medical attention, even if you feel okay—it protects your health and your case. 
5. Don’t assume Amazon will pay without proof. Their process can be slow and complex. 

When to Hire a Lawyer 

These aren’t ordinary fender-benders. Amazon Flex accidents require deep legal knowledge and careful investigation into insurance coverage, app activity, and corporate policy. 

An experienced personal injury lawyer can: 

• Investigate whether the driver was on duty 
• Access Amazon’s insurance network 
• Communicate with insurers on your behalf 
• Fight for full compensation for your injuries lost wages, and more 

Final Thoughts 

Being hit by an Amazon Flex driver creates a tangled web of personal, corporate, and contractual liability. You may have to deal with more than just one insurance company, and you may not get straight answers without pushing for them. 

The most important thing? Don’t delay. The longer you wait, the harder it becomes to access evidence and pursue the compensation you deserve. Whether you’re dealing with minor injuries or long-term trauma, knowing who to hold accountable is the first step in moving forward.