February 11, 2026 | Car Accidents, Compensation, Delivery Vehicles
Following a delivery truck accident, the label placed on the drivers of commercial vehicles—whether they are independent contractors or employees—may alter which insurance policy applies and the extent of coverage. Because many big brands employ both independent contractors and employees, victims may become confused and believe they will always deal with the large company’s insurance provider.
According to a theory known as “respondeat superior,” if the delivery driver is a real employee, the employer is usually liable for the driver’s negligence, mistakes, or carelessness, and the business’s commercial auto insurance is usually at fault. Depending on the size of the fleet and the company, this frequently translates into higher liability limits and possibly access to additional coverage options, like umbrella policies.
The business may contend that its policy does not apply if the driver is classified as an independent contractor and that the injured party must file a claim directly against the driver’s small business or personal auto insurance. Nevertheless, despite the label of “contractor,” courts occasionally discover that a driver who is treated like an employee in practice—tightly regulated routes, close monitoring, and company-branded vehicles—may still cause liability for the parent company. To ensure that every available policy is found and included in the claim, it is essential to untangle this web of relationships.
A secondary commercial policy is frequently offered by app-based models like Amazon Flex or other gig platforms, and it only takes effect when the driver is actively working and logged into the app. For instance, Amazon Flex provides up to $1 million in liability coverage for each accident, but only for deliveries made during business hours; off-business crashes may result in the driver having to rely on their own insurance.
Injury victims usually file claims against the negligent delivery driver’s insurance company because Missouri is an at-fault state, but if that coverage is insufficient, they may also be able to use their own underinsured motorist policy. In order to maximize recovery, an attorney who is knowledgeable about gig economy and commercial vehicle insurance structures can find overlapping policies and bargain with several carriers.
Related: Getting Compensation for Accidents Caused by Speeding Delivery Drivers
Contracts, tax records, and the way the business actually managed the driver’s work—including routes, schedules, and vehicle branding—often hold the key to the solution. Those records can be accessed and examined by a lawyer.
Not all the time. Courts have the authority to see past labels and determine that a business treated a driver similarly to an employee, which could still result in liability for the business’s insurance.
A contingent or excess policy offered by the delivery platform or parent company may occasionally be present, in addition to the driver’s personal auto policy and any commercial insurance they may have purchased.
Commercial use is often excluded from personal auto policies. In addition to your own uninsured/underinsured motorist coverage, that could activate a commercial or platform-provided policy.
Maybe. If the company, a contractor, or another entity shares responsibility and has additional coverage that can be pursued, an attorney can look into that.
Talking to a lawyer first is usually safer. The company employs insurance adjusters, and early statements may be used to downplay or reject your claim.
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