Reviewed by Larry Forman, Attorney
Delivery drivers are everywhere now, and many aren't in a branded van. Amazon Flex drivers use their own cars, SUVs and pickups. If one of them hits you, the first problem in an Amazon Flex accident is usually insurance: the driver's personal policy may not cover delivery work, and Amazon's coverage applies only at certain times.
Kentucky passed a law for exactly this situation. Here's how it works, how Flex differs from the blue Amazon vans, and what to ask for right after the crash.
Amazon Flex vs. Amazon delivery vans
Two very different setups deliver Amazon packages:
- Amazon Flex drivers sign up through the Flex app and deliver in their own vehicles. Amazon's Flex FAQ describes them as independent contractors who pick "blocks" of delivery time. Amazon.com blocks are "typically 3-6 hours."
- Delivery Service Partner (DSP) drivers drive the Amazon-branded vans. Amazon says DSPs "as independent businesses hire and manage their own employees," with support from Amazon.
The difference matters because Kentucky's delivery-driver insurance law covers drivers using a personal vehicle. A crash with a DSP van is usually a commercial vehicle claim against the DSP and its insurer. See our delivery vehicle crash page for those cases.
Kentucky's delivery network driver law
Since January 1, 2025, Kentucky law has dealt directly with drivers who deliver through an app in their own cars. The statutes call the app company a "delivery network company" and the driver a "delivery network driver" (KRS 365.530). Amazon Flex appears to fit that definition.
The law splits a driver's time into two periods:
- Delivery available period: the driver is logged on and can receive delivery requests but isn't making a delivery.
- Delivery service period: from when the driver heads out to pick up goods, through transport, until the last delivery is dropped off.
Personal auto policies can exclude delivery work
A personal auto insurer in Kentucky "may exclude any and all coverage" for injury or loss during either period (KRS 304.39-048). That includes liability coverage, uninsured and underinsured motorist coverage, PIP, medical payments, and comprehensive and collision coverage. The rule applies to policies issued or renewed on or after January 1, 2025.
The company has to make sure coverage is in place
During both periods, the delivery company must ensure there is primary liability insurance that recognizes the driver is delivering, or that doesn't exclude delivery (KRS 365.532(1)). The driver, the company or both must carry at least:
- $50,000 per person and $100,000 per accident for bodily injury,
- $25,000 for property damage, and
- PIP (basic reparation benefits).
If the driver's own coverage has lapsed or doesn't provide what's required, the company's insurance must pay "beginning with the first dollar of a claim" and defend the claim. The company's coverage can't depend on another insurer denying the claim first (KRS 365.532(3)–(4)).
What Amazon says its Flex policy covers
On its Flex safety page, Amazon says drivers who maintain personal auto insurance are protected under its commercial auto policy "while you're actively driving and delivering." Amazon lists:
- $1,000,000 in auto liability coverage
- Uninsured and underinsured motorist coverage
- Contingent comprehensive and collision coverage
- No coverage for the Flex driver's passengers
Amazon's Flex FAQ adds that the policy "applies only to Amazon Flex delivery partners who are actively delivering during the delivery block," and that if anyone other than the Flex driver is driving, "the claim for any incurred losses will be denied."
Amazon can change these terms, so we always confirm the policy in force on the date of the crash.
Who pays after an Amazon Flex accident?
It depends on what the driver was doing at that moment:
- Not logged on (personal driving): the driver's own auto policy is the usual source of coverage.
- Logged on or actively delivering: the personal policy may exclude the crash. Coverage required by KRS 365.532 should be in place, and Amazon says its commercial policy applies while the driver is actively delivering during a block.
- Someone else driving the Flex driver's car: Amazon says its claim will be denied. The car owner's policy and the actual driver's policy become the focus.
Whatever the driver's status, your own PIP coverage usually pays your first medical bills and lost wages if you were in a car, unless you rejected it. See how Kentucky PIP insurance works. If the coverage that applies isn't enough, your underinsured motorist coverage may help.
The app records decide the case
Kentucky's law gives injured people a powerful tool. After an accident, the driver or delivery company must, on request, tell claimants and their lawyers about the insurance and whether the driver was in a delivery available period or delivery service period (KRS 365.532(6)).
During a claims investigation, the company must also "immediately provide, upon request," the precise times the driver began and ended those periods in the 24 hours before and after the crash. If there's a dispute about the timing and the company doesn't have, didn't keep or won't provide that information, its insurer takes primary liability for the claim (KRS 365.532(7)–(8)).
Ask early, and in writing.
What to do after an Amazon Flex accident
- Call 911 and get medical care. Ask that police note the driver was delivering. Here's how to get your Kentucky accident report.
- Photograph packages, scanners and phones in the car if you can do it safely. They help show the driver was working.
- Get the driver's personal insurance and ask for the delivery company's coverage information. Kentucky law requires drivers to carry proof of that coverage while logged on.
- Ask witnesses what they saw, including whether the driver was on a phone or stopping in traffic.
- Report the crash to your own insurer so PIP starts.
- Don't give a recorded statement to any delivery company insurer before you get advice.
If the driver says you were partly to blame, Kentucky's comparative fault rule may still let you recover. See what to do if you were partly at fault.
How Forman & Associates helps
Delivery crashes often involve three or more insurers pointing at each other. We send the KRS 365.532 requests for coverage and app-time records, find out which policy applies, handle PIP, and keep the claim moving while the insurers sort out priority. When an insurer won't be fair, we're ready for court: Larry Forman has tried 50+ jury trials and won 95% of them.
We also handle commercial vehicle crashes, rideshare injuries and uninsured motorist claims.
Amazon Flex accident FAQ
Does Amazon's insurance cover an Amazon Flex accident?
Amazon says its commercial auto policy covers Flex drivers who keep personal auto insurance, but only while they're actively driving and delivering during a block. It lists $1,000,000 in liability coverage. If the driver wasn't working, the driver's personal policy is usually the place to start.
Can a Flex driver's personal insurer deny my claim?
It may. For policies issued or renewed since January 1, 2025, Kentucky lets personal auto insurers exclude coverage while a driver is logged on to a delivery app or making deliveries. The delivery company must make sure other coverage is in place.
How do I prove the driver was delivering?
Ask the driver or the delivery company in writing. Kentucky law requires them to say whether the driver was in a delivery period and to give the exact log-on and delivery times around the crash. Photos of packages and witness accounts help too.
Is a crash with a blue Amazon van the same as a Flex crash?
No. The vans are usually driven by employees of a Delivery Service Partner, an independent business. Those are commercial vehicle claims against the DSP and its insurer.
How long do I have to file a claim after an Amazon Flex accident?
For most motor vehicle injury claims, two years from the injury or from the last PIP payment, whichever is later (KRS 304.39-230). See our statute of limitations guide.
Talk to a Louisville delivery crash lawyer
If you were hurt in an Amazon Flex accident or a crash with a delivery van, call Forman & Associates Accident Injury Lawyers at (502) 931-6788 or get a free case evaluation. Our office is at 1139 S. 4th St., Louisville, KY 40203. No fee unless we win.
This post is general information about Kentucky law, not legal advice. Reviewed October 2026.
