Knowing What to Do In Case of a Company Vehicle Crash by an Employee
Every year there are six million accidents reported in the United States. At one point an employee can cause an accident with a company vehicle. The accidents caused by employees may or may not be serious. Let us learn what to do in case an employee causes an accident using a company vehicle. You first want to check if everyone is fine to know who is responsible for injuries and damages. It may not be easy to answer this question as it solely depends on who or what could have caused the accident.
Vicarious liability applies when an employee gets into an accident using the company vehicles yet they had express authority to use the car. Vicarious liability applies if the employee was running company errands, driving a client from or to an appointment or running errands as directed by the employer. Vicarious liability is not applicable in case the employer caused the accident when going to a place that was not authorized by an employer or was driving outside the scope of employment.
An employer will not be responsible for any accident damages in case his employee was involved in an accident when committing an offense. They cannot file a claim for worker’s compensation or against your insurance company. These cases include driving under the influence of alcohol or drugs. If an employee causes an accident and he was not doing work-related activities, then an employer can avoid liability. An employee can hold their employer fully liable in a court of law which is known as frolic.
Worker’s compensation will come into play if an employee is injured in the accident. It will even further apply in case the other party does not have enough insurance coverage. It is not used pursuing the other driver, so it is advisable to file for a worker’s compensation claim. You will not be compensated for damages and suffered pain however your medical bills and lost income are covered in worker’s compensation. You will only receive compensation if your employer can prove that the other driver was at fault. In case when the accident occurred, the driver has full authority to drive then it will be easy to receive compensation benefits.
Consult your lawyer immediately in case you as an employer also has some liability. Never attempt to handle accidents caused using company vehicles on your own as they can be quite complicated. Not all insurance companies cover employee collisions. Check to know whether you are covered if not consult insurance professionals to assist you in tweaking the coverage. Ensure you set rules for using company vehicles and educate your employees on how to handle these vehicles.
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