If you’re involved in an accident while driving a company vehicle, the crash will likely appear on your personal driving record and may affect your private car insurance—even though your employer’s commercial policy typically provides coverage. You still need to report the accident to your insurer, or you risk invalidating your policy. However, being in a work-related crash doesn’t automatically mean you’re personally liable.
Because these claims can be complex, it’s wise to consult an experienced Denver car accident lawyer to protect your rights and pursue any compensation you’re owed.
Liability in car accidents involving a company vehicle
The result of your case first depends on whether you caused the accident or the other driver did. If the other driver was wholly at fault for the wreck, then their insurance pays for the damages to the vehicle and your medical care and other losses. You simply file a claim with the other driver’s insurance company for your personal damages and alert your employer so they can file a separate claim for the damages to the company vehicle.
What happens if the at-fault driver files a car accident claim while driving a company car?
Let’s say you caused the accident while acting on your employer’s behalf: operating the company vehicle at the time of the accident. In these situations, the legal concept of respondeat superior comes into play. This states that the employer is responsible for their employee’s actions, if the employee was acting in the course of their job duties (i.e., driving the company car). So, it’s likely that both you and your employer will be named as defendants if the other driver files a claim for their damages.
While your employer may be liable for the damage you caused in the company car crash, through vicarious liability, their interests may not be the same as yours. If this happened to you, you’d be well-served to hire your own attorney to help protect your interests and rights.
What should I do if I was hit by someone driving a company vehicle?
If you were hit by someone in a commercial vehicle, you may be dealing with two different insurance companies: the at-fault driver’s and their employer’s. You’ll still need to report the crash to your own carrier, or it may cancel your policy.
The employer’s insurance policy should cover all your damages, as long as the driver was acting as a representative of the company. However, if they were using the company car for personal or unauthorized use, like picking up their kids from school, there’s a good chance that their employer will refuse to cover the wreck.
In that case, you may have to file a claim with the driver’s personal insurance company. However, their company may dispute the claim, and you may be left stuck between two carriers that both refuse to cover it. It’s smart to have your own car accident lawyer to represent you, sort through the issues of liability, and protect your legal and financial interests during the process.
Hurt in a crash? We can help.
If you have been involved in a car crash while driving a company vehicle, contact Zara Injury Law at (866) 823-8288 for a free consultation with our car accident attorney.