The average American gets their driving license at 16 years old and there’s a high chance that they might get into at least one car accident by the time they turn 34 years old. Car accidents can happen while you are driving a company car or a family car.
If you get into an accident with a company car, you’re probably wondering who will pay for the damages and compensate you for your injuries. While the company car may be covered by the company’s insurance, there is also the possibility that you may be held liable for property damages or any related injuries.
According to the NIOSH Center for Motor Vehicle Safety, U.S employers pay an estimated $25billion every year for car accidents at work. The payouts to each victim range from $65000 to $671000 depending on the severity of the injuries.
The money used to pay out those huge settlements usually comes from the employer’s car insurance policy. If you were involved in a car accident while driving the company car, you might be entitled to workers’ compensation.
Below is a breakdown of insurance companies, negligence, and liability.
Common Terms Used by Car Accident Lawyers and Insurance Companies
Damages
This includes:
- Pain and suffering
- Lost wages
- Consortium claims
- Replacement services
- Out-of-pocket expenses related to the accident
- Rehab and therapy expenses
- Medical bills
- Property damage
Negligence
This is when a driver fails to act responsibly. The five elements of negligence include:
- Duty: the party at fault owed you a duty of care not to cause you harm
- Breach: the standard of care was breached and resulted in your injuries
- Cause in fact: the ability to prove the correlation between the at-fault party’s harmful actions and the injuries and damages that you suffered.
- Proximate cause: proof of a direct link between the other driver’s harmful actions and how your injuries were as a result of their actions
- Harm: you suffered harm as a result of the other party’s negligence.
Liability
This means the other party’s or your responsibility for any damages or injuries caused by the accident. Liability needs to be established before you can be compensated for your injuries.
Third-Party
These are individuals involved in the accident other than you or your employer. If the occupants of the other car or other parties were involved in the car accident, they would ake a third party claim.
When Can You Hold Your Company Legally Responsible?
Your employer is legally responsible for your actions as long as you are acting within your scope of employment. They are therefore responsible for paying for property damage and injuries you sustained when you got into an accident with the company car. In most cases, your employer’s liability coverage protects you from third-party claims. In short, you won’t have to pay for damages from your own pocket. In case the other party decides to file a car accident lawsuit, your employer’s insurer will pay for legal fees.
When Can You Be Held Liable for a Car Accident?
Certain situations may lead to your claim being denied by your employer’s insurer and they include:
Illegal Activities
If you committed a crime while driving the company car, your employer will not be held liable. They will also not protect you from third-party car accident lawsuits or claims. They may also not pay your claim if you were driving under the influence of alcohol or drugs.
Frolic and Detour
Frolic and detour mean that you briefly strayed from activities dictated by your employment terms. For instance, if you got into an accident while running personal errands during work time, you might end up being responsible for the accident. However, to determine whether or not you are liable for a car accident while driving a company car, you can get your case evaluated free of charge by a good Plymouth car accident lawyer.
Independent Contractor
You may not be protected from liability if you end up in a car accident while using your personal car to run company errands. Make sure to review your contract with your employer before using your own car or leasing one to ensure that you will not be liable for your own injuries should you get into an accident.
When You Need to Hire a Car Accident Lawyer in Plymouth
If you are worried that your employer’s insurance company is acting in bad faith or they might deny your claim, you should consider contacting a Plymouth car accident lawyer. It’s free of charge and you only need to pay your lawyer when they win your case. Contact us today at 508-746-2700 to schedule your free initial consultation.
