Home     Links     Contact Us     Bookmark  
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Legal Jobs

I got into a car accident while on company time. Is my employer liable for damages? ?
Find answers to your legal question.

I got into a car accident while on company time. Is my employer liable for damages? ?

Additional Details
Thanks so much for all the great answers. I should have been more detailed.
I was in my personal car. I never made any stops. I went directly to the prospect (for the company), on the way back was hit by a semi that saw they hit me and fleed the scene. The cops never did find them.
I did not have uninsured motor insurance. I have had to pay for the towing and all medical bills so far and the insurance will not cover anything except the damage to my vehicle after I pay for the deductable.
In the meantime, I am sore and they will not release me to work.


Its all your fault!

Absolutely not, if you are using your own car for work, it is your responsibility to make sure you have the correct insurance. Your employer is in no way liable for damages. Again, this sort of question points out one very important fact of life, take care of yourself. Do not hope that others will pick up the pieces. I would have thought that if you drive a car, you would have the correct insurance.

The point is, that if you are some sort of a salesman, and you work using your own car, regardless of what the others say, you are the person that has to make sure that you have the correct insurance. Now if this was a one off sort of situation where the boss asked you to go to a certain place to see a certain person and that it was not part of your job description then you may have a case, but only if it was more of a favour to the boss. If it was part of your job then no they are not liable. If you are injured to the point of not being able to work, then you should contact your local state employment agency to see what worker compensation is due you. But if you are a commission salesman then it all falls on you, no pun intended. The long and the short of it is, was this journey part of your job, if yes, then its a very slim chance of the boss being liable, if no then you may stand a chance. Hope you get well and back to work soon.

Big E
was it your car or the company car??? were you even supposed to be in the car...

the only way you company can be held responsable is if its their fault meaning their car was not maintained...

if you in a accident in a company car and you not at fault "some one hit you" and you got injured it is the other person who is held responsable their insurance should pay...and you employer can not replace you.. they must hold you job open for you to return.

If your at fauld you s.o.l

If the company asked you to do this chore and use your car, they should be responsible. If you said "OH its my lunch hour I can do it". You are responsible.

The injuries would be covered by workers comp. I know if you work for the Postal service if you use your car and you are at fault the USPS is liable for the other parties damages. At least a few years ago. It is very scary that there are semi drivers that are doing willful hit and runs.

First let me say unlike what a couple of answerers wrote it is of no consequence if you were at fault. The rule of thumb is the accident would NOT have happened if the company did not send you on the errand or even if it is part of your overall job description there is always a safety/hazard issue which is why they must carry additional insurance, etc.... If you were in the accident and it was not company related (for example, you were supposed to go from point A to B and maybe C and then return to work. But you decided to take a detour to do a personal errand. You are at fault and the company is under no liability and they can even require you to pay for damages caused to the vehicle to avoid any increase in premiums.) Again, regardless who was at fault the company is liable as long as it was job related.

I would ask the company to reimburse your costs also talk to the HR dept about getting a workmans comp claim - payment for time lost from work if they aren't paying you, etc.

No. If you're at fault, then it's all on you. If someone else was at fault, then it's their responsibility.

 Enter Your Message or Comment

User Name:  
User Email:   
Post a comment:

Legal Discussion Forum

Copyright (c) 2009-2013 Wiki Law 3k Wednesday, February 10, 2016 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links