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For example, if you drive a personal car during a lunch break to run personal errands, then you must take full responsibility for any accidents. For a free consultation with the attorneys at the Law Offices of Anidjar & Levine, call 1-800-747-3733 today. In most cases of auto accidents on work time, the employer's liability coverage indemnifies the employee against lawsuits by third parties. When it comes to establishing liability after an accident in a company car, the classification of the worker involved in the accident can make a big difference as to who is legally responsible. If you do happen to get into a car accident while on the clock and acting within the scope of employment, and the accident leads to damages such as medical costs or lost work, you can file for workers' compensation. You are on a business trip attending a convention in another city. Because it is not always clear whether you qualify for workers' comp benefits, you should meet with an attorney right away to review the surrounding circumstances. The team at S. Burke Law will be happy to answer your questions and explain your right to compensation. Similarly, your commute to and from work is typically not considered a part of your job. His firm settled the lawsuit for $500, 000.

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Generally speaking, the employer is responsible for paying for any personal injuries to the employee who was driving when the accident occurred, even if the employee's own negligence caused the accident. Talking with us won't cost you a penny since the first consultation is 100% free. Make sure your company has a process setup to evaluate employees and oversee their driving behaviors. Following your report to the employer, you may be asked to visit a company-approved doctor and submit to drug and alcohol testing. Aidan used his own vehicle to make pizza deliveries for a national pizza franchise. However, employees are often entitled to compensation when travel is an essential component of their job. For more help untangling your employer's company vehicle accident policy, consult a company car crash lawyer. To answer this question, we'll take a look at vicarious liability. When we meet with car accident victims, their number one concern is paying for their medical bills. First and foremost, you need to know that if an employee who is driving a company vehicle is involved in a car accident, you could be liable for any damages that result from the accident. At Sutliff & Stout, we can help you fully document these non-economic losses. Jon used his company car to make sales calls across the state. You Could Create a Company Policy Concerning Liability for Car Accidents. Using your personal car on behalf of the company, like for pizza deliveries, may not protect you from personal liability if you're in an accident while on the job.

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You may also recover unreimbursed medical expenses, lost wages, and non-economic damages for injuries related to a car accident that occurred while working by filing a personal injury action. Big companies often have skilled Houston car accident lawyers on their side, so why shouldn't you? However, under Texas workers' compensation law, your employer will be able to choose who you can see from a specific network of workers' comp doctors. Management Training can be a helpful tool in learning more specifics about what to do in these legal situations, but this article will be a good start to understanding the basics of some company's liability situations. I filed a Worker's Comp claim and a third party claim against the…. Running an errand for your manager/boss/supervisor/employer. While working at Acme, Doe hops into his car for a trip to the hardware store to get a part for the Acme job. This is known as the "Going and Coming" rule. These are the clauses the insurance company will use against you. You care that your home is painted the way you want it, not how the painting gets done. The at-fault driver or vehicle owner is usually liable for the accident victim's damages. In many cases and states, you would be personally responsible for the accident and must file a claim with your insurance company. At John Foy & Associates, we always offer a free initial consultation so you can learn the best options for your case. If you have no fixed office and travel for work.

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You'll have to show the following: Generally, time spent commuting between work and your home is considered your personal time, and your employer is not responsible for accidents then. An insurance adjuster might try to get you to say something you shouldn't. In most circumstances, your employer will not be responsible for vehicle damage from accidents. When you hire an independent contractor, you're not concerned with how the work is done, but with the outcome. Should I ever admit the crash was my fault? You want the other driver's name, insurance card, and license plate number. There are situations when a company's insurance will not cover an employee who causes a car accident during work. In a similar way, a car accident caused by a single employee won't fall on the individual employee's shoulders but will be carried by the company at large. As an employer, you could have a legal company policy in place that either makes you liable or excludes you from liability should an employee be involved in a car accident while driving a company vehicle. Respondeat superior means 'the superior must answer. ' Those expenses will fall on the at-fault driver's insurance company (and if that driver is you, your insurance will have to take care of it). Failure to Maintain Vehicles Properly Can Result in Employer Liability. Let's figure out who is responsible in these three hypothetical scenarios: → I was hit by someone who was driving a company vehicle. What's The Difference Between Workers' Comp and Liability Insurance?

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Here is an example to demonstrate a situation where your employer may be liable for damages: suppose your boss asks you to go pick up some clothes from the dry cleaner. I was the driver in a Company Vehicle which had a brake failure, causing a collision with parked car. Are employers liable for an employee's car accident? Tend to any injuries.

A "third party" is anyone who is unaffiliated with the company, such as a pedestrian or driver struck by a company vehicle. ) Let's review how a workplace incident affects your insurance and how to handle a claim. In most cases, your employer can only be liable if you are considered an employee, not an independent contractor. While it may seem that traveling to the office would count as within the scope of employment, it does not. Many jobs require some degree of driving. This can apply even if you are performing work duties off-premises. If an employee hits you while driving their own personal car on the clock, you will first turn to that employee's own personal car insurance.

The firm did not own the phone or the vehicle, but the plaintiff claimed that the company was liable because it encouraged employees to use their 'car phones' and lacked a policy governing safe cell phone use. Injured workers can estimate the amount they can receive by keeping their medical bills and receipts. If you're at fault for an accident while using your personal vehicle for work, you could lose your job, see higher insurance premiums, or even face a lawsuit from anyone hurt in the crash. An employee's injuries in a crash would likely be covered under a workers' compensation claim. If your employer claims that you are responsible for damages during work hours, it's best to contact a personal injury lawyer. An employer's responsibility for a car crash involving one of its employees varies depending on the circumstances. Many employees find it difficult to set boundaries between their professional and personal lives. You were an independent contractor using your own personal vehicle (for food delivery drivers, outside sales, caregivers/in-home nurses, etc). Workers' compensation benefits are available if you were injured in the "course and scope" of employment. We all want our employees to be safe, and we want you to be safe too. In addition, having physical damages opens the opportunity to claim non-economic damages, like pain and suffering. Once they have opted into workers' comp, employees do not have the right to sue their employer for work injuries. To ensure you file your claim on time, pattern with a Georgia workers' compensation lawyer. However, the "comings and goings" rule has a few exceptions.

And remember, you may not feel any symptoms stemming from the crash immediately. You are driving a company car. Failing to report your injuries in a timely manner could cause your claim to be rejected by your employer or their insurer. But when you are injured while completing a task for work, it can bring up serious questions about fault, liability, and how you are going to pay all your bills. Tip: Get the most out of your commercial accident lawsuit.

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