What Happens If I Was Rear-Ended By a Company Vehicle?
Being involved in a car accident can be a difficult process. You have to deal with potential injuries, property damage, and just the emotional toll it can take. This is further complicated when a company vehicle is involved in the accident, as insurance can often be more difficult to settle with. This is why it is always a good idea to make sure that you have a trusted attorney by your side to help you throughout the process. Let’s take a closer look at understanding liability when it comes to company vehicle accidents and how to deal with them.
Understanding Liability in Company Vehicle Accidents
In a company vehicle accident, it is important to understand how liability works in these types of accidents. When an employee is involved in an accident while driving a company vehicle, it can be difficult to determine liability and could depend on a few factors. However, one of the most glaring issues is whether they were acting within the scope of their job duties at the time of the accident.
If the employee involved was performing work-related tasks, then the employer could be held liable for the damages incurred. However, if the employee was using the vehicle for anything outside the scope of his work, then liability could then shift to the employee. It’s important for companies to have clear policies, adequate insurance coverage, and training programs to minimize any potential risks and make sure everyone on the road knows their responsibility.
Who Is Responsible: The Driver or the Company?
Now that we know more about liability, who is responsible for the accident: the driver or the company? This can be complex, as in most cases, if the employee was driving the vehicle as part of their job, then the company could be held liable for the damages caused under the legal doctrine of “respondeat superior.” This means that the employer is held responsible for the actions of the employee within the scope of employment.
In some cases, if the employee was not using the vehicle for work, then, as we mentioned before, the driver would be held responsible for the accident. Who is found at fault in the accident depends on the specific circumstances of the accident, the nature of the employee’s actions, and the company’s policies, which could all play a role in determining liability.
Dealing With Insurance After a Company Vehicle Accident
Now comes the tricky part: dealing with insurance after an accident involving a company vehicle. In most cases, the company’s commercial auto insurance policy will cover any damages resulting from the accident; however, this only comes into account if the driver was performing work-related duties at the time of the accident. Suppose you have been involved in an accident with a company vehicle.
In that case, it is important to provide detailed information about the accident to your attorney, who will then contact the insurance company on your behalf. Never contact the insurance company without consulting with your attorney first, especially in the event of a company vehicle accident. In some rare cases, the employee’s personal insurance might also come into play, especially if they were not performing work-related tasks at the time of the accident. It’s important to understand both the company’s and the employee’s insurance policies, which is why it is best to consult an attorney.
How to Protect Your Rights and Seek Compensation
When getting rear-ended by a company vehicle, it is important to protect your rights by ensuring you first report the accident to the police. Next, gather as much evidence from the scene as possible, including witness statements and any other relevant details that could help support your claim. If you were injured during the accident, it is important to seek medical attention, even if you do not immediately think anything is wrong. It is crucial to consult with a trusted attorney to navigate the complex legal landscape, protect your rights, and have the opportunity to maximize compensation, regardless of whether or not you’re pursuing the claim against the company in question or another driver.
Common Injuries From Rear-End Collisions
It’s an unfortunate fact that many rear-end collisions result in injuries, some more serious than others, and can range anywhere from mild to severe. One of the most common types of injuries in a rear-end collision is whiplash when the sudden collision causes the neck to snap back and forth, which puts strain on the muscles and ligaments. This can often lead to chronic neck pain, headaches, and limited mobility. Some other common injuries include back injuries, such as herniated discs or spinal fractures, which can cause significant pain and might require long-term treatment. Concussions, broken bones, and lacerations are other injuries that could be sustained as well.
The Role of an Attorney in Company Vehicle Accidents
When it comes to the attorney’s role in company vehicle accidents, it is critical that you do not try and navigate the legal system on your own. It’s best to always have a trusted attorney who can negotiate with the insurance company, and help you navigate the complexities of the legal system. You might believe you’re saving money by handling your case on your own, however, this could cost you more in the long-run.
What If the Driver Was On or Off the Clock?
So, what happens if the driver was off the clock when the accident occurred? Whether or not the driver was on the clock plays a significant role when determining liability. If the driver was on the clock when the accident occurred and performing job-related tasks, the employer is in most cases, held liable for the damages. This means that the company’s insurance would likely cover the costs of the damages. However, if the driver was off the clock, liability could then shift to the driver.
Filing a Claim Against a Company After a Rear-End Accident
Filing a claim against a company after a rear-end accident can be a difficult process, however, it’s an important step to securing the compensation that you deserve for your damages. This is why it is critical to have a trusted attorney help you throughout the process so you don’t have to go through it alone. At Mutrux, we have experience working with car accident cases and have helped many clients win their settlements and get them the compensation they deserve.
Get in Touch With Mutrux Today!
Now that you know how complex it can get to handle one of these cases on your own, get in touch with Mutrux Firm today! We can help you throughout the entire process from beginning to end, and let us take care of the insurance company for you. We will negotiate with them every step of the way, ensuring that you get the maximum compensation possible.
Get in touch with us at (888) 550-4026 and or contact us using this form for a free consultation. We look forward to working with you and helping you get the compensation you deserve!
- What Happens If I Was Rear-Ended By a Company Vehicle? - August 15, 2024