Before attempting to answer the question in the title of this article, insurers will seek answers to two other questions.
Why was the driver in the car?
What were the circumstances associated with the crash?
In addition, any contacted insurance company would check to see if it could apply the law that relates to vicarious liability.
What is vicarious liability?
That rule stipulates that anyone that has ordered performance of a given action will be held responsible, if someone gets hurt, while the person that received the order carries out the requested action. In this case, it would mean that the employer might be held responsible for the accident-caused damages.
Times when the employer could be held responsible
• Driver was going to a scheduled appointment with a client.
• Driver was doing errands for an employer
• Driver was going to a training or scheduled meeting
According to the personal injury lawyer in St John’s, there are times when employer would not be held responsible for the accident. This includes when the driver of company-held automobile was more at fault than the other driver. Additionally, when the driver was on the way to work, or was returning home from the workplace or driver takes a break while performing an errand for an employer.
The company is not responsible when the driver incorporates his or her own chores into the routine required, during performance of a requested errand or driver commits a crime while at the wheel of the company car. The most typical crimes committed are distracted driving, speeding and driving while under the influence of alcohol. The driver gains control of keys to company car, without first getting permission to use that same vehicle.
Actions that can aid the resolving of added complications
Naturally, any company-held vehicle should be insured. Otherwise, the employer might lack the funds required, should he or she be held responsible for a given collision. That same employer would end up paying an employee for days when he or she could not carry out the duties linked to the injured employee’s position.
Still, the employer ought to have another type of coverage for any employees, as well. Those workers in need of such coverage would be both the employees using the company automobile and those that do not expect to be sitting behind the vehicle’s steering wheel.
Every employer should provide the company workers with workers’ compensation. A workers’ compensation program can become essential, if the person driving the company car gets hit by a negligent individual. That negligent man or woman would probably be held responsible for the accident.
If the at-fault driver does not have adequate insurance coverage, the injured employee/driver may need to use workers’ compensation, in order to get covered for any injuries. At such a time, the injured driver needs to work with an attorney, in order to gain a fair compensation.