What Happens If the Other Driver Was Using a Company Vehicle and Was Involved in a Car Accident?

You’ve just been involved in a car accident that was clearly the other driver’s fault. As you approach the driver, they announce: “This isn’t my car. It’s my company car, so you’ll have to deal with them.” 

Being involved in a car accident with a company vehicle can sometimes complicate matters, but it shouldn’t prevent you from pursuing fair compensation. Learn how to navigate this type of car accident below. 

Vicarious Liability in Company Car Accidents

A legal concept known as “vicarious liability” may apply to your car accident with a company vehicle. This term refers to a company’s responsibility for the actions of its employees. 

When an employee causes an accident or any type of damages while completing their job duties, the company often assumes vicarious liability. Companies typically carry liability insurance to pay for such incidents, which means you may be able to file an insurance claim through the employer’s insurance policy.

However, large companies also have robust legal teams to protect them against liability. You need strong legal representation in kind to prove your case and secure adequate compensation. 

How To Pursue Compensation After a Car Accident With a Company Vehicle

The compensation process may look different depending on who was technically liable for your accident and what the relevant insurance policies cover. 

Determine the Liable Party 

Your first step in pursuing compensation after a car accident with a company vehicle is to determine the liable party. 

• The driver may assume personal liability if they were off the clock at the time of the accident, even if they were driving their company’s vehicle. They may also be personally liable depending on their scope of employment; for instance, employers do not typically assume vicarious liability for contractors or freelancers. 
• The driver’s company may assume vicarious liability if the employee was on the clock and driving a work vehicle. 

A good rule of thumb is that if the driver files for workers’ compensation after the accident, the company is probably liable. The insurance companies involved will also make a fault determination to understand who to pin the blame on. 

File an Insurance Claim 

Next, file an insurance claim with the appropriate party’s insurance company. Companies typically have higher coverage limits on their liability policies than individual drivers. If the driver was personally liable, you may face inadequate compensation for your damages through an insurance claim alone. 

An experienced car accident attorney can help you understand your potential compensation through an insurance claim and determine your next steps. 

Consider Legal Action 

Many circumstances could lead you to take legal action after a car accident with a company vehicle: 

• The insurance policy does not offer sufficient coverage for all your damages.
• The insurance company denied your claim.
• Your insurance adjuster negotiations were not effective in raising your compensation amount.

Taking legal action could allow you to seek more compensation. You can claim both economic damages, like medical bills and car repairs, and non-economic damages, like pain and suffering. 

You Need Strong Legal Representation To Stand Up to the Company’s Legal Team 

After a car accident with a company vehicle, establishing employer vs. employee negligence is an important step in seeking compensation. An experienced car accident attorney can guide you through this process and help you maximize your payout, even if the company has a strong legal defense.

With our attorneys on your side, you can feel confident navigating your accident case, no matter who was at fault. Call Cantor, Wolff, Nicastro & Hall, LLC, today at 716-848-8000 or fill out our contact form for a free case evaluation.