Having a company car is a great perk. You can drive around without having to put any miles on your own personal vehicle.
However, it is just as easy to get into an accident while driving your company car as when driving your own.
So, what happens after a car accident in a company vehicle? Who pays for damage caused in the accident?
Who Is at Fault?
Under Kentucky law, the driver who is responsible for the accident is at fault. Therefore, their insurance company should pay for the damage caused by the accident. If another driver struck you, they should pay to fix the car and for your personal injury damages.
However, if you were at fault, then you should check if the company car is insured as required by law. The insurance company should pay for any damage you caused in a car accident in a company vehicle. Typically, your employer should pay for the insurance policy, so they will absorb the increased premiums.
Do You Have a Workers’ Compensation Claim?
If you were injured while driving on the job, then you probably have a claim for workers’ compensation benefits. Workers’ compensation benefits are payable regardless of fault.
If the accident was the fault of another driver, then you would have a personal injury claim as well as a workers’ compensation claim. Many lawyers handle personal injury claims, and many lawyers handle workers’ compensation claims, but the number of experienced lawyers who handle both kinds of claims are much fewer in number. This is important because you need a lawyer who knows how to work with both kinds of claims to maximize your recovery.
Workers’ compensation benefits will pay for your reasonable and necessary medical expenses as well as a portion of your lost wages if you cannot work. Workers’ compensation also has a right of recovery from any personal injury settlement with the driver at fault. This right of recovery is subject to certain credits, and you should hire an experienced lawyer to negotiate with the workers’ compensation insurance company.
Even if the accident was your fault, and you were injured, you would still have a right to make a claim for workers’ compensation benefits.
Remember to notify your employer of your injuries in a timely manner and to see a doctor promptly.
Did You Injure Someone While on the Job?
Another Kentucky law can come into play in a car crash in a company vehicle: vicarious liability. Under this principle, an employer is legally responsible when an employee injures someone negligently. The key will be whether you injured someone in the scope of your employment.
For example, if you were driving to work or out on personal errands during your lunch break, then you might not be acting in the scope of employment. However, if you were traveling to meet a client, then you probably are in the scope and your employer will be responsible.
There are many reasons Kentucky imposes liability on employers. For one, the rule creates an incentive for employers to be careful when hiring employees and to properly monitor their conduct. Second, employers have deeper pockets to compensate injured motorists.
Confused about How to Receive Compensation? Let Us Help!
After a car crash in a company vehicle, many motorists are unsure about what to do.
At the Harville Law Offices, we can guide you through the process of receiving compensation for your injuries. To find out more about your options, please contact our car accident lawyers today to schedule a free, no-strings-attached initial consultation.
You can reach us by calling 502-245-2333 or submitting an online contact form.
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