Hit by an Amazon Flex Driver in Kentucky?

For cases involving Amazon-branded delivery trucks and vans rather than Flex drivers, see our guide to Amazon delivery truck accidents and the essential steps to take after an Amazon truck crash.

Amazon Flex: The Personal-Vehicle Delivery Program

Amazon Flex is Amazon’s gig-worker delivery program. Unlike DSP drivers who use Amazon-branded vans, Flex drivers use their own personal cars, minivans, and SUVs. They pick up blocks of work through the Flex app, load packages at Amazon delivery stations, and complete residential deliveries on their own schedule.

Amazon classifies all Flex drivers as independent contractors , meaning Amazon does not withhold taxes, provide workers’ compensation, or extend employee benefits. From a liability standpoint, this classification is central to every accident claim because it determines who is responsible and which insurance policy applies at the time of the crash.

There are roughly 260,000 active Amazon Flex delivery workers across the United States. In Kentucky, you’ll see them in both Louisville and Lexington neighborhoods most heavily during peak delivery periods , particularly evenings and weekends.

The Three Coverage Phases That Determine Everything

In a Flex accident, the first question any attorney asks is: what phase was the driver in? Amazon’s commercial coverage only applies during one of the three phases , and insurance companies argue aggressively about where the line falls.

Phase 2 is the legal battleground. It includes driving to an Amazon station after accepting a block, waiting at the station for package assignment, and transitions between delivery stops. Amazon argues these activities aren’t “active delivery.” Personal insurers argue the driver was doing commercial work. The result is a coverage dispute where the victim waits , sometimes for months , while two insurance companies point fingers at each other.

Kentucky’s New Gig Driver Insurance Law: KRS 365.532

Kentucky passed significant protections for accident victims in 2024. KRS 365.532, effective January 1, 2025, directly addresses the insurance gap problem in gig delivery accidents.

The law requires that, during both the delivery available period and the active delivery period:

• Primary motor vehicle liability coverage must be in place that either recognizes the driver as a delivery network driver or does not exclude delivery services
• Minimum coverage of $50,000 per person and $100,000 per accident for bodily injury, plus $25,000 for property damage
• If the driver’s personal insurance lapses or denies the claim, the delivery network company’s (Amazon’s) insurance must cover it from the first dollar
• Amazon’s coverage cannot require another insurer to deny coverage first before it steps in

This is a major change. Before KRS 365.532, Amazon’s insurers could force victims to exhaust personal coverage first , a process that could take years. Now, if a phase dispute arises and the driver’s insurer denies coverage, Amazon’s policy steps up immediately. The law also requires Amazon to provide precise delivery period timestamps within 24 hours of a request, removing one of the most common delay tactics in coverage disputes.

What Amazon’s $1 Million Policy Actually Covers

During Phase 3 (active delivery), Amazon provides the following through its commercial carrier (commonly Zurich Insurance):

• Third-party liability: Up to $1,000,000 per accident for bodily injury and property damage to others
• Uninsured/underinsured motorist coverage: Up to $1,000,000 for injuries caused by an uninsured driver while the Flex driver is on duty
• Contingent collision/complete: Up to $50,000 with a $1,000 deductible (only if the driver carries personal collision coverage)

What Amazon’s policy does NOT cover: physical damage to the Flex driver’s own vehicle, passengers in the Flex vehicle (important if you carpooled), and accidents that occur when the driver violated app policies or drove outside their assigned delivery window.

Who Can Be Held Liable in a Flex Accident

Depending on the facts of your crash, the following parties may bear responsibility:

• The Flex driver: Always a potential defendant for negligent driving , speeding, distraction, failure to yield, or impairment
• Amazon: May be directly liable if Amazon knew about the driver’s unsafe record, if Amazon’s delivery quotas contributed to the crash, or if Amazon retained a driver it should have removed for performance violations
• Vehicle maintenance parties: If a defect in the driver’s personal vehicle caused or contributed to the crash, the vehicle manufacturer or a negligent repair shop may share liability

Amazon’s liability in Flex cases is harder to establish than in DSP cases because Amazon has less direct control over Flex drivers. However, Amazon does vet drivers, monitors app behavior, and sets time pressure through delivery block structures. When those pressures contribute to dangerous driving, Amazon’s role in the crash is worth investigating.

What You Need to Do at the Scene

Documenting the driver’s phase at the time of the accident is critical and must be done quickly. Here is what to capture:

• Note whether the driver’s vehicle had packages visible
• Ask the driver if they were actively delivering , record the answer or have a witness present
• Photograph the driver’s phone showing the Flex app status if safely possible
• Request the police report specifically note the driver’s delivery status
• Contact an attorney before accepting any settlement offer , app log data and delivery block records must be formally requested before Amazon preserves or discards them