Does Amazon Just Get To Get Away With This?

Location: Kansas, United States

TLDR: Amazon seems to have their “claims system” set up so that the offending party simply doesn’t respond and it absolves them of liability. (See email and bold areas below). Do I have any recourse?

Situation: An Amazon (I believe it was an actual Amazon van) driver did an inappropriate “15 point turn” in our driveway, got himself stuck, overcorrected and gunned the engine, and caused damage which in turn caused damage to my husband’s truck. (It’s a little confusing, but basically the driver drove off-road and bent a large piece of iron rebar so that it was sticking out into the roadway a good foot and a half. Early the next morning, in the dark, my husband drove down the driveway, and the rebar scratched the entire length of his truck. It was almost invisible in the dark, low on the side of the road).

Two different neighbors witnessed the event, and I have photos and video of the tire tracks that clearly lead in a crazy zig zag ending right at the base of the rebar.

We filed a claim and Reserv POP (third party claim handler) responded a week ago with:

——

“Dear Xxxxxxxx,

Thank you for reaching out and for your patience as we continue to work through your claim. We can confirm that we have received all of the documentation you submitted, and we appreciate your cooperation throughout this process.

We want to provide you with a candid update on where things stand. At this time, we have been unable to reach the Delivery Service Partner (DSP) responsible for the driver involved in this incident. Without a statement from the Delivery Associate, we are unable to finalize our liability determination.

We have made multiple attempts to obtain this cooperation and have advised the DSP that a response is required. Please be advised that the DSP has one additional day to respond before their continued non-response is treated as non-cooperation with our investigation.

We want to be transparent with you about what that means for your claim: if the DSP is deemed non-cooperative, we would be unable to complete our liability review on your behalf through this claim. In that event, you would need to file a claim under your own auto insurance policy in order to have your vehicle damage addressed and repaired without further delay.

We understand this is not the update you were hoping for, and we want to assure you that we are continuing to pursue all available avenues. We will keep you informed as the situation develops. If you have any questions in the meantime, please do not hesitate to reply to this email or contact us at Xxxxxxxxxxx@mail.reservclaims.ai.

Sam Searcy
Resolution Specialist
Reserv Claims Analysis, LLC”

——

Sooooo…. all they need to do is just not respond, and then they don’t have any liability for what will probably amount to be a fairly expensive repaint job (given long, deep scratches that go down to the metal and cover almost the entire length of the vehicle)?

And now I am supposed to pay my $1000 deductible and have my insurance go up…just because they have a system that doesn’t actually involve holding their drivers accountable?

I realize I might be naive in all of this, but do I have any recourse?