- Drivers, employers, or third parties may be liable for accidents involving a company car.
- Fault is assigned to each party in a company crash based on police reports, investigations, eyewitness accounts, traffic laws, and other factors.
- Depending on company policy, the nature of your accident, and other factors, you may or may not lose your job after crashing a company car. However, your employer cannot fire you for filing a workers’ compensation claim.
- You can collect workers’ compensation benefits if you are injured in a company car accident while working.
What happens if you’re in an accident in a company car largely depends on whether you were driving for work reasons and who was responsible for your crash. Your company or their insurers may cover some damages, and you can turn to workers’ compensation for medical coverage and lost wage benefits.
If you weren’t using the car for work purposes, or the other driver blames you for the crash, company car accident cases become more complex. Partner with our experienced New York City car accident attorneys to help you deal with insurance companies, protect your rights, and fight for the compensation you deserve for your injuries and losses.
Quick Links
- Who Is Liable for a Car Accident Involving a Company Car?
- How Is Fault Determined in a Company Car Accident?
- Can I Lose My Job Due to a Company Car Accident?
- What Happens if I’m Not at Fault?
- Who Pays the Damages in an Accident Involving a Company Car?
- How Should I File a Claim if I Was in a Company Car Accident?
- How Can a Car Accident Lawyer Help?
- Contact Our Experienced New York City Car Accident Lawyers Today
Who Is Liable for a Car Accident Involving a Company Car?
Different parties can be liable in a company car accident depending on the specific circumstances of the crash. These parties include:
- Driver Responsibility – The driver of a company car may be liable if they were not performing their employment duties at the time of the accident.
- Employer Liability – Employers can be held responsible (“vicariously liable”) for the negligence of employees acting within the scope of their employment.Â
- Third-Party Liability – Another driver, a manufacturer of a defective part, or another third party could also be held liable in the crash.
Notify your employer as soon as possible after your accident. Your employer may ask you to file reports for the company and its insurance carrier.Â
How Is Fault Determined in a Company Car Accident?
Insurance adjusters and courts assign a degree of fault to each party that contributed to a company car accident. The evidence they consider includes:
- Police reports.
- Insurance investigations.
- Eyewitness accounts.
- Traffic laws in the area of the accident.
Can I Lose My Job Due to a Company Car Accident?
New York is an at-will employment state, so employers can generally terminate employees at any time as long as their reason for doing so isn’t illegal. However, this doesn’t automatically mean you will get fired for crashing a company car. Things that affect the decision include:
- Company policy – Violations of company policy work against you. For example, if the company prohibits personal use of the vehicle and you get in a crash while going grocery shopping, your employer may consider this violation a fireable offense.
- Nature of the accident – If you are at fault in the crash, your employer may find that enough to terminate you.
- Employee rights – Employees have rights, even in at-will employment states. For example, an employer cannot fire you simply for filing a workers’ compensation claim.
- Company work history – A solid employment record works in your favor. A poor one may make the company car crash the last straw.
What Happens if I’m Not at Fault?
Even if you are not at fault, you can still file a workers’ compensation claim and personal injury protection (PIP) claim for no-fault compensation. You could also potentially file an auto liability claim or fault-based lawsuit. More on these options below. In all cases, taking these steps can help:
- Seek medical attention.
- Exchange information with the other driver.
- Take photos or videos of the crash scene and road conditions.
- Notify your employer.
- If you were on personal business while using the company car, contact your insurer.
- Keep detailed records of all doctor appointments and insurance correspondence.
- Do not admit fault for the accident or post about it on social media.
Contact an experienced New York car accident attorney.
Who Pays the Damages in an Accident Involving a Company Car?
If you were operating in the course and scope of your employment and caused an accident, your employer may be liable for damages. However, if you were not working when you crashed your company car, you may be on the hook. If someone else was at fault, they would be liable.
When it comes to personal injuries in auto accidents, New York is a no-fault insurance state, so involved parties must first exhaust available personal injury protection (PIP) coverage. If they suffered a serious injury or economic damages over $50,000, they can file a personal injury lawsuit against other at-fault parties. If they qualify, they must generally do so before the three-year deadline set by the New York personal injury statute of limitations.Â
Who pays for damages depends largely on how fault is assigned. For example, if another driver was 70 percent at fault, they would be liable for 70 percent of the damages.
How Should I File a Claim if I Was in a Company Car Accident?
If you were injured in an accident in a company car while working, you can file a workers’ compensation claim. Workers’ compensation pays for medical bills and a portion of your lost wages based on your disability level. You must notify your employer that you suffered an injury within 30 days of your company car crash. If you fail to do so, you may forfeit your right to workers’ compensation benefits.
Again, if you were operating in the course and scope of your employment at the time of the accident, your employer may be liable for damages. Talk to your employer about who is responsible for filing a claim with the company’s car insurance carrier. If a dispute arises, consulting a skilled attorney can help you protect your rights.Â
If you were using your company car for personal reasons, you probably cannot turn to workers’ compensation or your company’s insurance policy. Instead, you must first exhaust available no-fault PIP coverage. Next, you could potentially turn to auto liability coverage or a lawsuit. Our legal team can help you understand your options.
How Can a Car Accident Lawyer Help?
Your company’s insurance may handle things for you when you are in an accident in a company vehicle. But that doesn’t mean you don’t need legal representation, especially if there are questions of fault or whether you were working at the time of the crash. Our experienced New York City car accident attorneys can assist you by:
- Answering your questions and providing legal expertise.
- Dealing with insurance companies and representing you to protect your rights.
- Handling insurance negotiations.
- Fighting accusations that you were at fault.
- Gathering evidence to prove you were working at the time of your crash.
- Advising you whether to file a third-party personal injury lawsuit.
“After my car accident Meirowitz and Wasserberg were right on the case. They are great with communication and always knew what to do to help me through such a hard time. I highly recommend going through them for anyone who is going through a hard time like I was.” – DJ Montoya.
Contact Our Experienced New York City Car Accident Lawyers Today
Meirowitz & Wasserberg is a nationally recognized personal injury law firm with a skilled team of award-winning trial attorneys. We have successfully handled hundreds of car accident lawsuits and recovered millions on behalf of our clients.
If you’re worried about what happens after an accident in a company car, don’t hesitate to consult our leading New York personal injury lawyers. Call (844) 446-9529 or contact us online to schedule a free consultation.
