Car accidents are stressful and confusing, no matter the circumstances. But when you’re involved in an accident while driving a company vehicle in California, the situation can become even more complex. Several factors come into play, including who is at fault, the extent of the damages or injuries, and the type of insurance coverage available. This article will break down what happens if you’re in a car accident in California while driving a company car.
Determining Fault and Liability
California is an “at-fault” state when it comes to car accidents. This means the person responsible for causing the crash is financially liable for the damages. California also uses a “pure comparative negligence” system. This means that even if you are partially responsible for the accident, you can still potentially recover some compensation, but your recovery will be reduced by your percentage of fault.
When a company vehicle is involved, determining liability can be more complicated. Several scenarios could play out:
- The Employee is At Fault: If you, as the employee, are at fault for the accident while performing work-related duties, your employer may be held liable under a legal principle called “vicarious liability” or “respondeat superior.” This essentially means “let the master answer.”
- The Other Driver is At Fault: If the other driver is at fault, their insurance company should be responsible for covering the damages. However, if the other driver is uninsured or underinsured, things can get tricky.
- Shared Fault: If both you and the other driver share some responsibility for the accident, the pure comparative negligence rules will apply.
Vicarious Liability: When the Employer is Responsible
Vicarious liability is a crucial concept in accidents involving company vehicles. In California, an employer can be held responsible for the negligent actions of their employee if the employee was acting within the “scope of employment” at the time of the accident.
What does “scope of employment” mean? Generally, it means the employee was performing work-related duties or tasks that benefit the employer. Examples include:
- Making deliveries
- Driving to a meeting with a client
- Running errands for the company
- Transporting coworkers to a company event.
However, there are exceptions. Typically, an employer is not liable for accidents that occur during an employee’s regular commute to and from work. This is known as the “going and coming” rule. But, there is an exception to this rule. If the employer requires the employee to use their personal vehicle for work, giving some incidental benefit to the employer, the employer could be liable.
If the employee was on a personal errand or engaged in activities unrelated to work, the employer might not be held liable.
Negligent Entrustment
Another way an employer can be held liable is through “negligent entrustment.” This occurs if the employer knowingly allows an unfit or incompetent employee to drive a company vehicle. For example, if the employer knows the employee has a history of reckless driving or a suspended license but still lets them drive, the employer could be held responsible for any resulting accident.
Workers’ Compensation
If you’re injured in a car accident while driving a company vehicle and performing work-related duties, you’re likely eligible for workers’ compensation benefits. Workers’ compensation is a no-fault system, meaning you can receive benefits regardless of who caused the accident. These benefits can cover:
- Medical expenses
- Lost wages (a portion of your salary)
- Rehabilitation costs
It’s important to report the accident to your employer as soon as possible to initiate the workers’ compensation claim process.
Filing a Claim: Steps to Take
After an accident involving a company vehicle, take these steps:
Seek Medical Attention: Your health is the top priority. Even if you feel fine, get checked out by a doctor. Some injuries may not be immediately apparent.
Report the Accident: Notify your employer and the police immediately. California law requires you to report an accident to the police within 24 hours if there are injuries or deaths. You must also report the accident to the DMV within 10 days if there are injuries, death, or property damage exceeding $1,000.
Gather Information: Collect as much information as possible at the scene, including:
- The other driver’s name, contact information, and insurance details
- Witness names and contact information
- Photos of the accident scene and vehicle damage
- The police report number
Do not admit fault: Do not make statements about who is at fault.
Insurance Coverage
Several types of insurance coverage may come into play in an accident involving a company vehicle:
- Commercial Auto Insurance: Most companies have commercial auto insurance policies that cover their vehicles and employees. This policy may cover damages to the company vehicle, the other vehicle, and injuries to both drivers and passengers.
- Workers’ Compensation Insurance: As mentioned earlier, this covers medical expenses and lost wages for employees injured in work-related accidents.
- Uninsured/Underinsured Motorist Coverage: This coverage, which may be part of the company’s policy or your own personal auto policy, can help if the at-fault driver doesn’t have enough insurance or any insurance at all.
- Personal Auto Insurance: Your personal auto policy might come into play in some situations.
Potential Legal Claims
Depending on the circumstances, you may have several potential legal claims:
- Workers’ Compensation Claim: Against your employer’s workers’ compensation insurance.
- Personal Injury Claim: Against the at-fault driver’s insurance company.
- Third-Party Claim: Against the employer’s commercial auto insurance if the employer is held vicariously liable.
If you are unsure about your legal options, it is best to consult with an attorney. If you need to speak with a personal injury lawyer Milpitas CA, there are many qualified professionals who can help.
Statute of Limitations
In California, there are time limits for filing legal claims, known as statutes of limitations. For personal injury claims arising from a car accident, you generally have two years from the date of the accident to file a lawsuit. For property damage claims, the time limit is three years. It’s crucial to be aware of these deadlines, as missing them can mean losing your right to seek compensation.
Accidents involving company vehicles can be significantly more complex than typical car accidents. Understanding the concepts of vicarious liability, workers’ compensation, and the various types of insurance coverage is essential. If you’ve been injured in such an accident, it’s crucial to protect your rights and seek legal advice.
If you’ve been injured in an accident, call us on 800-4THE-WIN (800-484-3946) and speak to a Milpitas personal injury attorney today.
