What Happens if You're Injured in an Accident While Driving a Company-Owned Vehicle?

Being involved in any type of automobile crash can be a very stressful experience. This situation becomes significantly more stressful when you were in a crash while driving a company-owned vehicle. Whether you’re a delivery driver or were just running an errand, this type of accident presents some complex legal challenges and insurance considerations.

It’s important to understand how liability, insurance coverage, and workers’ compensation work during this type of scenario. Your rights have to remain protected. Being caught between another driver at fault, and an employer looking for the quickest solution, can place you in a real bind. This is especially true if you sustained injuries in the accident. It’s important to consult a qualified car accident lawyer like those at Dozier Law Group in this situation. You need extreme clarity and precision here.

Determining Liability: Who is Responsible?

The first question that always comes up is liability. Who was responsible for the accident? If you were responsible for the accident, then the legal ramifications might not be too kind to you. Your employer can hold you accountable for damages, as their insurance is going to have to cover the victim. If the other driver was responsible, there’s still the question of another driver that the employer’s insurance has to now support. A lawyer is your best chance of navigating either situation.

The Principle of Vicarious Liability

One of the reasons things can get so complicated is that an employer can legally be held responsible for a negligent employee. This is a legal doctrine known as “respondeat superior,” which basically translates to “let the master answer.” If you were acting within the scope of your employment when the accident occurred, your employer can end up sharing the blame or holding primary liability for any damages.

For vicarious liability to apply, the accident must happen while you’re performing job-related duties such as:

• Making deliveries or transporting company equipment
• Driving to meet with company clients
• Traveling between work locations
• Traveling at the direction of your employer

Conversely, if you were using the company vehicle for any personal reasons, the employer’s liability is significantly reduced. In some cases, it will be eliminated entirely. It all depends on the context of the usage.

Comparative Fault and Other Drivers

Comparative fault is something that enters the equation with this type of accident. Determining who’s at fault isn’t an either-or proposition. It can be ruled that you are 30% at fault, while the other driver is 70% at fault, or vice versa. To be entirely at fault, a driver would have to be completely distracted or commit a serious violation (like running a red light or failing to signal).

Insurance Coverage and Compensation Options

Navigating insurance policies after this type of crash is far more like a maze than a straight line. Multiple insurance policies may apply, comparative fault and vicarious liability could be at play, and you could be dealing with serious injuries.

1. Workers' Compensation

This is the first hurdle you have to deal with. If you were injured while driving a company car as part of your employment, you should be able to file workers’ compensation. However, this might also end up affecting any potential grievance you have with the other driver’s insurance. Though generally speaking, this should cover all reasonable and necessary medical treatments related to the crash injuries. It also offers wage replacement, which is typically a percentage of your salary. However, it doesn’t cover any extras like pain or suffering.

2. Commercial Auto Insurance

Company vehicles are required to have commercial auto insurance policies. These policies generally do cover bodily injury and any sort of property damage caused by an employee operating the vehicle in the scope of their employment. If the other driver caused the crash, the commercial insurer is likely to interact with that driver’s insurance to cover losses.

3. Personal Auto Insurance

The field really gets muddy when you include your own personal auto insurance into the mix. It might play a role, especially if you have a Personal Injury Protection (PIP) policy, or if you have uninsured motorist coverage. Though this isn’t the case if your particular policy has any exclusions for company-owned vehicles. It’s something you want to be sure to check on.

Steps to Take Immediately After the Accident

If you’re physically able following your crash, you should take certain steps immediately to help you in the long run. For instance, you first want to report this accident to the police. Most precincts actually do conduct investigations, even if rudimentary, to help determine fault.

Next up, seek medical attention even if you do not have serious injuries. You could have a concussion or whiplash that you won’t feel right away. Adrenaline after a crash can also mask a lot of pain and other injuries. You want to ensure that you’re receiving full and proper medical attention.

Also be sure to notify your employer. It’s their vehicle that was involved in the crash, so they should know right away. They can help by getting you the proper insurance details you need for future report inquiries, lawsuits, or even your own defense.

You also need to start gathering evidence if and when you’re able to do so. Take photographs of the accident scene and the vehicle(s). Log your injuries and retrieve your medical documents. Collect information from witnesses if at all possible. The legal process is a lot more complex than just taking a driver’s word for it. You need evidence on your side to help your case.

When to Seek Professional Legal Guidance

Handling an insurance claim involving a commercial vehicle, multiple insurance policies, and a workers' compensation claim can quickly become overcomplicated. A big issue here is that employers and large insurance companies fight to minimize payouts. You need a qualified car accident lawyer fighting for you every step of the way here.

Whether it’s to ensure you receive fair compensation as a victim, or protecting yourself legally and financially if at fault, you need a good lawyer.