What Happens if I Get in a Car Accident in a Company Car?

If you get in a car accident while driving a company car, then liability and insurance coverage will depend on the circumstances of the crash. In most cases, the employer’s insurance policy will cover damages, but there are exceptions depending on who was at fault and whether you were acting within the scope of your job.

Key factors include who caused the accident, the nature of your work-related activities, and the types of insurance policies involved. If you’re unsure about your rights or responsibilities, consulting an Atlanta car accident lawyer can help clarify your situation and ensure you take the right steps to protect yourself.

When Is an Employer Liable for a Company Car Accident?

An employer can be held liable for an employee’s negligence while on the job. This legal principle, known as “respondeat superior,” applies if you caused the accident while performing work-related duties. Examples of activities that may fall under your employment scope include:

• Traveling to a work meeting
• Making a delivery
• Performing an off-site job
• Transporting passengers for work

If you were using the company vehicle for personal reasons at the time of the accident, these laws likely wouldn’t apply, and you would be responsible for any damages. However, if the crash occurred during a work-related activity, your employer would generally be liable. That said, depending on the circumstances, you could share some liability.

If another driver caused the accident, they would be responsible for damages. Navigating the complexities of liability can be challenging, and consulting with experienced Atlanta personal injury lawyers can help you protect your rights and understand your options.

Who Pays for Damages After a Company Car Accident?

In Georgia, the at-fault party in a car accident is responsible for covering the damages, as stated in Georgia Code §51-1-6. If insurance is involved, the at-fault party’s insurer typically pays. Here’s how liability and payment usually work in company car accidents:

• If you caused the accident while working, your employer is likely responsible, and their commercial auto insurance would cover the damages.
• If you caused the crash while using the company car for personal reasons, you might be held personally liable. In rare cases, you might need to reimburse your employer.
• If another party caused the wreck, they are liable for the damages. Your employer would file a claim with the at-fault driver’s insurance provider.

Determining whether you were acting within the “scope of employment” can sometimes be unclear. If your employer claims you weren’t working at the time of the crash, they may be trying to avoid liability. In such cases, contacting a lawyer can help protect your rights.

When you’re using a company car for work-related activities, your employer should handle most of the damages. If you’re concerned about liability or blame, consulting with a car accident lawyer or personal injury attorney can provide clarity and peace of mind.

How Is Fault Determined in a Company Car Accident?

Fault in a company car accident is determined by examining the actions of each driver leading up to the crash. Georgia follows a fault-based system, meaning the driver who caused the accident is legally responsible for the damages. Key factors in determining fault include:

• Police report: Officers at the scene typically document their observations and may assign fault based on evidence.
• Witness statements: Eyewitness accounts can help clarify who caused the accident.
• Accident reconstruction: In more complex cases, experts may analyze the crash to determine fault.
• Traffic laws: Violations, such as speeding or failing to yield, often establish liability.

If you are involved in a company car accident, the determination of fault can impact who is liable for damages. Consulting a lawyer can help ensure that fault is assigned fairly and your rights are protected.

Who Can Be Liable for a Company Car Accident?

Liability in a company car accident depends on the circumstances of the crash and who was at fault. Here are the most common parties that may be held liable:

• Employer: If you were driving a company car within the scope of your job, your employer is usually responsible for covering damages through their commercial auto insurance.
• Employee (driver): If you were using the company car for personal reasons, you could be personally liable for the accident. In rare cases, you may have to reimburse your employer for costs.
• Another driver: If another motorist caused the accident, they would be liable for the damages. Your employer would typically file a claim with their insurer.
• Third-party: In some cases, liability may extend to a third party, such as a vehicle manufacturer or a government entity responsible for unsafe road conditions.

Determining liability can be complex, especially if multiple parties share fault. If you’re unsure who is responsible, consulting an attorney can help clarify your situation.

What Happens if an Independent Contractor Wrecks a Company Car?

If you are an independent contractor and wreck a company car, you are likely responsible for the damages. Employers typically have less liability for accidents involving independent contractors compared to employees. Here’s how it works:

• If you caused the accident, your own auto insurance or the insurance provided by your employer (if any) would need to cover the damages. Many independent contractors are required to carry their own insurance.
• If another driver caused the accident, the at-fault driver is liable, and you would file a claim with their insurance provider.

The terms of your contract and the insurance policies in place will determine coverage. If you’re unsure about liability or how to proceed, consulting a lawyer can help clarify your rights.

What Insurance Coverage Applies After a Company Car Accident?

If you’ve been involved in a company car accident as an employee, two primary types of insurance may apply to your situation: liability insurance and workers’ compensation.

Liability Insurance

Liability insurance typically covers damages caused by the party at fault in the accident. If you were injured in the company vehicle accident, this insurance can help cover:

• Medical bills
• Medications
• Lost wages
• Pain and suffering

This type of coverage generally applies whether you or another driver caused the accident, depending on the specific circumstances.

Workers’ Compensation

Workers’ compensation benefits are available if your injuries from the accident prevent you from working. Through a claim for workers’ comp, you may be eligible for:

• Coverage of medical costs related to the accident
• About two-thirds of your missed wages
• Disability benefits, depending on the extent of your injuries

Workers’ compensation is designed to protect employees injured on the job, but the benefits are limited compared to liability claims. An Atlanta workers’ compensation lawyer can help you recover the benefits you deserve. 

Get a Free Consultation With a Car Accident Lawyer Today

If you’ve been in an accident while driving a company car, you’ll need to know your options. Company car accidents can become complicated quickly. To know your rights, have a car accident lawyer look at your case.

At John Foy & Associates, we can help. We have over 350 years of combined experience with these types of cases. We’ll help you determine your rights and options. Contact us today for a free, no-risk consultation.