The term "respondeat superior" is a legal way of saying, "As long as your employee is using your vehicle to perform work for you, I'm holding you responsible if the employee gets into an accident with that vehicle." A rider is an addendum to personal car insurance that provides coverage in case of an accident while using the car for company business. That's why you may need auto insurance that specifically covers driving for work purposes. If there isn’t enough coverage under that policy, the employer’s business auto policy will generally pick up the rest, as long as the employer’s policy includes an “employees as additional insured” endorsement. When the person who causes a motor vehicle accident is acting within the course and scope of employment or is driving a company vehicle, a person injured as a result of the accident may be able to recover damages not only from the negligent driver, but also from the employer. The employer would then be liable for any accidents or damage incurred by the employee while driving home from work. Very few organisations can operate without using the road. According to the "going and coming" rule, worker's compensation benefits do not apply to injuries sustained while commuting to or from work, with exceptions. Another important difference between a workers' compensation claim and a personal injury claim is "fault." However, if you were driving as part of a work-related task at the time of the accident, your employer might also have liability. However, determining liability often becomes more complicated when the car accident is caused by someone who is driving for work or operating a company vehicle. However, determining liability often becomes more complicated when the car accident is caused by someone who is driving for work or operating a company vehicle. Learn more about When You Could Be Liable for Someone Else's Driving. All rights reserved. This policy applies to all employees who use a company vehicle, and applies during and outside of working hours. Whatever the situation, if your employee drives your vehicle for personal reasons or you reimburse your employee for the personal driving of their own vehicle, there is a taxable … The same coverage may cover property damage caused by an employee under similar circumstances. If the only available insurance is through the employer and the insurer is arguing that the employee wasn’t working, you may need to hire a personal injury lawyer to sort things out. Millions of vehicles - lorries, vans, taxis, buses, usage of personal vehicles for business use. If you are driving personal vehicle for work purposes and had a car accident and you were at fault is the employer responsible for repair of damages to the vehicle? This rule of employer liability for an employee's negligence applies whether the injured person is the driver of another vehicle, a pedestrian, a passenger in the employee’s personal car being used on the job, or a passenger in the employer’s car being driven by the employee. Employee Use of Personal Vehicles Reality Alert: An employee at a small community organization leaves in her car to deposit a check at the organization’s bank. An employee may use one of your owned or leased vehicles for purposes other than business or, an employee may use their personal vehicle to carry out employment duties and get an allowance for the business use of that vehicle. When you bring a personal injury claim against the other driver, you must prove that the other driver caused the car accident. If the driver of a car, truck, or other vehicle is using that vehicle on the job, then the driver’s employer is very likely going to be held liable for any injuries resulting from a traffic accident for which the employee was at fault. However, certain personal insurance plans may not cover business use. The same goes for any vehicle damage resulting from that accident. Evaluate MVRs annually and confirm that all employees driving personal cars continue to maintain good driving records. Every day thousands of workers in British Columbia drive while they're on the job — not only couriers and truck drivers but also sales people, community health workers, utility workers and countless others. Therefore, you must be performing a work-related task at the time of the car accident. Your employer can be held liable for a car accident you cause while you’re driving for work under the doctrine of vicarious liability, which states that an employer can be held liable for an employee’s actions if: In other words, if you caused an accident while driving a company vehicle or while using your own vehicle to carry out a task related to your job, your employer can be held liable for the car accident. If you’ve been injured in a car accident that occurred while you were driving for work, it’s crucial that you speak with an experienced personal injury lawyer at once. If you were running a personal errand when the collision took place, you may not be eligible for workers’ compensation benefits. This holds true whether or not the employee is driving a company car or a personal car and even if the driver only uses the vehicle for work-related purposes sporadically. Car Accidents in Company Vehicles: Related Resources. The attorney listings on this site are paid attorney advertising. Driving without business insurance is a risk. Whose insurance company is responsible for paying out any settlements? Employees can be eligible for worker’s compensation if they were injured while driving their personal vehicles for work related purposes. When the person who causes a motor vehicle accident is acting within the course and scope of employment or is driving a company vehicle, a person injured as a result of the accident may be able to recover damages not only from the negligent driver, but also from the employer. In a workers' compensation claim, you do not need to prove anyone else caused the crash. This website is not intended for viewing or usage by European Union citizens. Finally, there needs to be evidence that a driver’s negligent actions were the direct cause of the accident, which in turn was the direct cause of personal losses or injuries. 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