After a road traffic accident in a company vehicle, you may be wondering if you can make a personal injury claim for compensation. You might not be sure if you have a claim against the other driver involved, or if you should be seeking damages from your employer. This article, ‘Who Is Liable For Employee Car Accident Claims’, can help you work out who you may have a claim against.
There are many things to consider when you have had an accident in a works vehicle, such as who pays for the repairs, how it affects your personal car insurance and how to recover damages if the accident was partly your fault or the other driver was uninsured.
We cover the aspects that you need to know and you can contact our team to find out how a No Win No Fee personal injury solicitor from our panel could help you with your claim. Contacting us is free and comes with no obligation to proceed.
- Speak to the team via the online contact form
- Connect through the live discussion portal to start the conversation.
- Or, after an employee car accident, call our team in person for free guidance on 0800 408 7825
Choose A Section
- Who Is Liable For Employee Car Accident Claims?
- How Could An Employee Car Accident Be Caused By Negligence?
- How Do Employee Car Accident Claims Work Involving Uninsured Drivers?
- What If I Was Partly At Fault For A Company Car Accident?
- How Much Compensation For A Vehicle Accident?
- Claim For An Employee Car Accident On A No Win No Fee Basis
- More Resources About How To Claim For A Road Traffic Accident
Who Is Liable For Employee Car Accident Claims?
Key to who is liable for an employee car accident claim is proving if a third party breached their duty of care. Every road user has a duty of care to operate their vehicles and use the roads in a way that keeps other road users safe. To fully comply with this duty of care, they are expected to adhere to the Road Traffic Act 1988 and to additional obligations and rules in the Highway Code.
That said, if you are using a company vehicle to carry out work duties your employer also owes you a duty of care under the Health and Safety At Work etc. Act 1974 (HAWASA). Under this duty they must take reasonable and practicable steps to ensure your safety whilst working.
Failure to comply with these laws, either by another road user or by your employer, could lead to a road traffic accident that they could be liable for. With this in mind, there are three criteria that must be satisfied in all employee car accident claims. You need to demonstrate that:
- A duty of care was owed to you.
- A breach of that duty occurred.
- This breach resulted in you suffering harm.
To discuss employee car accident claims or for a free case assessment, you can contact us today on the above details.
How Could An Employee Car Accident Be Caused By Negligence?
There could be various ways that you could be injured whilst in a work vehicle due to the negligence of someone else.
When could an employer be responsible for an employee car accident?
- The employer was aware that the brakes of a vehicle were faulty but knowingly instructed an employee to use it, resulting in a rear-end collision on the road.
- An employer failed to have an MOT, which would have highlighted defective front windscreen wipers. During a severe downpour, the wipers failed, causing the driver not to be able to see sufficiently, and they crashed into a tree.
- The tyres on a van needed replacing, but an employer did not do so. When braking, the tyres failed, and the employee slid into a parked car.
When is another road user at fault for an employee car accident?
- Whilst driving a company lorry, another motorist swerved in front of you on the motorway, causing you to collide with other vehicles and sustain serious multiple injuries.
- A motorist who is speeding above the legal limit could collide with you at a junction, causing a serious head injury in a side impact collision.
- While waiting for the lights to change, the motorist behind could rear-end you because they failed to allow enough time to stop. This might create a whiplash injury that takes months or years to resolve.
These are just a few example scenarios of how others may cause harm by breaching their duty of care to you on the roads. If you would like to discuss your employee car accident claim in particular, please reach out to the team.
How Do Employee Car Accident Claims Work Involving Uninsured Drivers?
A driver must stop after an accident under s170 of the Road Traffic Act and it is an offence to not do so. This does not mean the other party is automatically at fault. It might indicate they do not have valid car insurance, which is why they left the scene. Again, it is illegal to drive without car insurance, but it does not mean the other driver was at fault.
You might be concerned that the other driver did not stop and worry that you cannot claim if they do not have insurance or if you do not have their details. It can be possible, however, to seek compensation through an organisation called the Motor Insurer’s Bureau (MIB) if the car that collided with you was driven by someone uninsured or untraceable and they were at fault.
This organisation is funded by a small percentage deduction that is made from other road users’ insurance premiums. As such, it potentially provides help when all the normal avenues to compensation through insurance companies are not an option.
Call our advisors for free guidance on starting a claim through the MIB.
What If I Was Partly At Fault For A Company Car Accident?
Sometimes, both parties are at fault in a car accident. This is known as ‘split liability’ as liability (fault for the accident) is split between the two parties. This can be 50/50 or any other such split that adds up to 100%, e.g. 75/25 or 60/40.
To apportion damages, the courts assess the level of responsibility of those involved. They use this to value a reduced percentage of the total compensation that would have applied. So, for example, if you were deemed to be 50% responsible for an accident that would have seen a compensation award of £10,000 being made, you will receive £5,000 (as this is 50% of £10,000).
You may also be asking, ‘Does an accident involving a work vehicle affect my personal insurance premium?’ Usually, an accident in a work vehicle can impact your own private insurance. A company vehicle collision is still classed as a road traffic accident, and insurance providers would require accidents like this to be disclosed.
If the accident was not your fault, then there should be no impact on your personal insurance, but you should read your terms and conditions of insurance to make sure you meet your responsibilities for reporting accidents under the contract of your insurance.
How Much Compensation For A Vehicle Accident?
When making a personal injury claim for compensation, there are two heads of loss that can make up compensation. General damages compensate the person for the actual pain and suffering caused by the injuries. In addition to this, it can reflect any psychological injury and suffering created.
The legal personnel who work out a figure for general damages can refer to medical evidence. Also, publications that list suggested award bracket amounts like the Judicial College Guidelines (JCG).
We’ve put together a table below using excerpts from this publication to illustrate some potential compensation awards. However, please note that every employee car accident claim will vary, and these amounts are strictly guidelines:
Compensation Guidelines
| Area of Injury | Severity | Award Bracket |
|---|---|---|
| Multiple instances of severe injury with special damage amounts. | Severe | Up to £1 million plus |
| Head | (a) Very Severe | £344,150 to £493,000 |
| Neck | (a) Severe (i) | In the area of £181,020 |
| Back | (a) Severe (ii) | £90,510 to £107,910 |
| Leg | (iii) Serious | £47,840 to £66,920 |
| Ankle | (b) Severe | £38,210 to £61,090 |
| Hand | (e) Serious Hand Injuries | £35,390 to £75,550 |
| Pelvis | (b) Moderate (i) | £32,450 to £47,810 |
| Knee | (a) Severe (iii) | £31,960 to £53,030 |
| Arm | (c) Less Severe | £23,430 to £47,810 |
Our table includes a topline figure that does not come from the JCG:
Can I Claim For Loss Of Earnings After A Car Accident?
You may also qualify to claim special damages, which can include loss of earnings. This second head of loss reimburses the claimant for various types of financial harm caused by their injuries. Documented evidence must be submitted to prove these amounts. For example:
- Wage slips that show a loss of earnings because of time off work recovering.
- Receipts and invoices showing the costs of domestic care provided by others.
- Medical expenses and any costs for rehabilitation.
- Property damage caused by the accident.
- Proof of paid travel costs to essential appointments.
Claim For An Employee Car Accident On A No Win No Fee Basis
The expert personal injury solicitors on our panel negotiate the correct compensation settlements for their clients in employee car accident claims. If your claim is eligible, they can offer an array of excellent services. They can:
- Help you to collect supporting evidence.
- Interview eyewitnesses to obtain statements that support your side of events.
- Explain any complex legal terminology.
- Meet court deadlines.
- Send and receive important correspondence about your case.
- Most importantly, they can calculate and argue for the maximum compensation possible for your case.
They can offer these excellent services through a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA). This arrangement usually means that:
- A solicitor can start work on your claim without the need for you to pay their fees upfront. Or as the claim moves ahead.
- If the claim is not a success, no solicitors fees are required for their completed services.
- Should the claim settle in your favour, you are required to pay a legally restricted success fee to your solicitors.
- This is a percentage of the total compensation but is subject to a legislative cap. The majority of the compensation goes directly to you.
After a road traffic accident in a work vehicle, why not take a moment to see how a No Win No Fee accident claim might help you? Simply start the discussion about employee car accident claims with our advisory team now by:
- Calling on 0800 408 7825
- Using our online contact form
- Asking the live discussion anything.
More Resources About How To Claim For A Road Traffic Accident
We hope this guide on how to claim compensation for employee car accident claims has been helpful. These other articles from our website look at personal injury claims more broadly:
- Read more about a brain damage payout after a road traffic accident.
- This guide explores hit and run claims
- Also, we discuss accident at work time limits for starting a claim.
Some external help
- Read some details on claiming Statutory Sick Pay (SSP) after an accident at work.
- Information about the employer’s responsibilities for drivers at work from the Health and Safety Executive (HSE)
- Lastly, some information on UK employment law from GOV.UK.
We appreciate your interest in our guide about employee car accident claims. For any further advice, please contact the team using the contact options above.