Getting into a car accident can be stressful enough, but when it involves a company car, the situation can be quite complex. Questions about insurance, employer responsibility, and how the crash can affect your job can keep you up at night. If you are unsure how to move forward, getting in touch with an experienced car accident lawyer in Queens to protect your rights and fight for the compensation you deserve is a must. That being the case, let’s talk about everything you need to know about dealing with a car accident in a company car.
Who is responsible for car accidents in a company car?
Depending on when and where the accident took place, different parties may be liable for the accident. The parties include the:
- Driver—The driver can be personally responsible for the company car accident if the accident happened when the driver was not performing their duties in the course of employment.
- Employer—The employer will be liable for the conduct of their employees when they are acting in the scope of their employment. This is known as the doctrine of vicarious liability.
- Third party—A third party, such as another driver, a manufacturer of a defective part, or a service provider, can also be held liable if their actions or omissions can be linked to the cause of the accident.
How is fault determined in an accident with a company car?
How we look at who is responsible for an accident involving a company car is no different from any other car accident. In determining fault, we can rely on evidence such as police reports, medical reports, eyewitness accounts, photographs, and CCTV footage.
How can I claim compensation for the accident?
As an employee, if you have been injured in a car accident involving a company car, you can file a workers’ compensation claim. The claim can be used to cover medical expenses and a part of your lost wages based on the level of disability. You must inform your insurance provider about the accident within 30 days of the accident.
At the same time, keep in mind that if the accident took place while acting in your capacity as an employee, your employer may be liable for damages. Speak with your employer about who is responsible for filing the relevant insurance claim.
If you met with an accident while using the company car for personal reasons, you cannot file a workers’ compensation claim. Instead, you have to rely on your Personal Injury Protection (PIP) coverage for medical expenses, lost income, and other connected expenses.
Whatever the process may be, if you need assistance to navigate the insurance and legal processes, then Gabriel Law will be more than happy to step in as your car accident lawyer in Manhattan.
Can I lose my job because of a company car accident?
New York is an at-will employment state. This means that an employer can terminate your employment for any reason that is not considered illegal. So yes, it is possible that you might lose your job because of the accident. However, the decision to fire someone over the accident will be a little more nuanced. Factors that can affect the final decision include:
- Company policy—If you are in breach of company policy, then it can be justification for the termination of employment. For example, if the company prohibits the personal use of a company car and you meet with an accident while using the vehicle for personal use, then your employer may consider it grounds for termination.
- Employee rights—Employee rights are well protected in New York. For example, any employer cannot fire an employee for filing a workers’ compensation claim after an accident.
- Work history—A good employment record will work in your favor. On the other hand, a poor record with multiple offenses might be the straw that breaks the camel’s back.
- Nature of the accident – If the accident was your fault, then it might be enough for the employer to consider it grounds for termination.
Conclusion
After a car accident, navigating the complex insurance and legal landscape of New York can be quite the challenge. Fortunately, you do not need to face these challenges alone—Gabriel Law is here to help. As a personal injury law firm in NYC, we handle car accident cases on a daily basis. We’ve made a name for ourselves doing everything in our power to help justice prevail and get our clients the compensation they deserve. If you want to experience our unparalleled legal services, get in touch with us today to schedule your free and confidential consultation.
