What Happens When You’re in an Accident in the Company Car?

• January 12, 2025
• Attorney David Mann
• Car Accidents

Being furnished with a company car is often among the benefits listed in a typical job description. Jobs from a wide range of industries may require employees to travel, including salespeople, cab drivers, tour guides, home health care workers and delivery drivers. Anyone who uses a vehicle for work is subject to the same challenges faced by all drivers – and accidents happen.  In this blog post, we will answer the question of what happens when you’re in an accident in the company car?

Who is Liable For Accidents That Happen When Driving A Company Car?

There are many factors that have to be considered in determining responsibility for employees who are involved in a wreck while driving a company-owned vehicle. The general rule in Georgia is that employers are liable for mistakes made by employees under a legal theory known as “respondeat superior.”

Employers can be held vicariously liable for injuries or deaths caused by an employee’s negligent acts committed within the course of employment. If the employee was acting within the scope of his or her job description when the accident took place, then an employer cannot force the employee to pay for the damages. Most likely, the damages will be the responsibility of the employer’s insurance company.

What is a “Work-Related” Car Accident When Determining Workers’ Compensation Benefits?

A “work-related” accident occurs when an employee is performing a task as part of their employment.  Examples of a “work-related” task are:

• Making deliveries or picking up materials or documents for your employer
• Driving to a work-sponsored event like a meeting, a holiday party, or to a client
• Running an errand for your employer
• Providing transportation to another work employee
• Driving for work if you do not have a fixed office
• Driving to and from work if you are receiving compensation for your travel time.

Examples of tasks that are not “work-related” include:

• When you are on your lunch break
• If you are on a personal errand
• Commuting to and from work but you are not compensated for your time.

What Happens If I Am Driving a Company Car To and From Work?

While, generally, accidents that take place while employees are driving to work from home and returning back home after work are not within the course and scope of employment, there have been many cases of respondeat superior being successfully applied where the employee was required to drive a company-owned vehicle to and from work for the benefit of the employer. There are also other theories under which employers may be held liable, including negligent hiring, negligent supervision, or failure to maintain the vehicle in a safe condition.

An employee may be able to recover damages for injuries suffered in a company work-related car accident, a situation where the expertise of a car accident lawyer can be invaluable. A workplace injury is one that occurs during the course of the normal workday, so an injury that happens while on the job or along the way to a work-related function may be covered by the employer’s insurer. Employees who have been injured while working should document as efficiently and specifically as possible the risks, circumstances and results of the injury. Be sure to tell your supervisor and fill out all required paperwork. These written details can be invaluable to your work injury case.

What Should I Do If I Am In an Accident In a Company Car?

If you were in an accident in a company car (or if the other driver was driving a company car), you should take most of the same steps as if you were driving your own personal vehicle.  You should:

• Call the Police – Georgia law states that you must call the police if you are in an accident and the damage will cost more than $500 or if it involves a hit-and-run driver.  However, we advise our clients to always report the accident to the police as it will document the accident and may be needed in an insurance claim.
• Get Medical Help – Even if you are in a fender-bender and think that you don’t have any injuries, you should always seek medical assistance.  Your medical reports will be used to determine damages, and some injuries may not manifest until a few days or weeks after the accident.
• Document the Scene – Take as many pictures and videos as possible of the accident scene.  Take pictures of the damages to the vehicles, your injuries, and the surrounding area of the scene itself.
• Get Contact Information – Obtain names, phone numbers, and email addresses from the other driver as well as eyewitnesses to the accident. Eyewitnesses may be contacted by your attorney to obtain an account of what they saw.
• Contact Your Superior At Work – Your employer should be aware of the accident as soon as possible if you are driving while on the job. They may need to contact their workers’ compensation insurance company for a potential claim.
• Contact Your Insurance Company – Even though your claim may go through your company’s insurance, your insurance company should be aware of the accident.

Contact Our Company Car Accident Attorney For a Free Consultation

We hope that this blog answered some of your questions about what happens when you are in an accident in the company car. Consulting with a lawyer is recommended whenever an accident potentially involves employer liability. If you are trying to put your life back together after a motor vehicle accident that happened while you were on the job, or if you have more questions about this topic, trust your case to the Macon, GA-based Mann Law Firm. We serve all of Middle Georgia, including Dublin, Warner Robins and Milledgeville. Contact us for a thorough case evaluation by calling (478) 742-3381 or by filling out our online form. We work on a contingency fee basis, which means we get paid only if you collect money.