Who Is Liable For Employee Car Accident Claims?

Welcome to our guide on employee car accident claims. In this guide, we will look at who could make a compensation claim after an employee car accident. You could be able to claim company car compensation if you’ve been involved in an accident whilst driving a company car, even if you didn’t own the car.

employee car accident claims

Employee car accident claims guide

In order to claim, you would need to prove that someone else’s negligence caused the accident. This guide will go into more detail about relevant evidence and duty of care.

To start your claim or get free legal advice, speak to our experienced team of advisors today. You could be connected with a No Win No Fee solicitor from our panel if our advisors think your claim could succeed.  

Read on for more information about employee car accident claims, or get in touch with us at any time. 

Select A Section

  1. What Is An Employee Car Accident?
  2. Is An Employer Liable For An Employees Car Accident?
  3. Is The Employee Liable For A Car Accident?
  4. What Happens If You Get In A Car Accident While Working?
  5. What To Do If An Employee Has An Accident At Work?
  6. Employee Car Accident Compensation Calculator
  7. Talk To A No Win No Fee Solicitor
  8. Employee Accident Claim Resources

What Is An Employee Car Accident?

According to the HSE, about 50 people are killed every year, and more than 5,000 people are injured in workplace transport accidents in Great Britain. 

You could be issued with a company car if you are required to travel around the country frequently for your employer. Your company might own or rent this car and may cover most of the expenses attached to it. However, if you’ve been in an accident that has caused you injury, you could ask, ‘could I claim compensation even though I don’t own the car?’

You should be covered under the company insurance if your employer has given you a car for business purposes. Therefore, if you are in a car accident that has caused you injury whilst in a company car, you should still be able to claim compensation providing it wasn’t your fault. 

If you are involved in a car accident, you could need medical care, which may be charged directly to you. Or perhaps you have to take time away from work as a result of your injuries, resulting in a loss of earnings. You could recover the cost of these by claiming special damages, which we will explain further in this guide on employee car accident claims.

Is An Employer Liable For An Employees Car Accident?

Employers have a duty of care towards employees. They are obligated to take all reasonably practicable steps to keep employees safe whilst at work. If they have breached this duty of care, leading to a car accident and resulting injuries, this is when they could be held liable.

The Health and Safety Executive is Britain’s national regulator for health and safety in the workplace. The advice and guidance they provide is helpful to employers looking to keep their employees safe. 

According to the HSE workplace transport safety guide, employers should be considering the safety of:

  • Site (design) – The layout of the workplace (e.g. traffic routes).
  • Site (activity) – The activities done on-site (e.g. loading and unloading).
  • Vehicles – The choosing of the most appropriate vehicle for the employee and tasks.
  • Drivers – The competence of the driver.

For example, employers should be ensuring that any employees they require to drive have an in-date, valid driver’s licence for the relevant vehicles or a supplemented licence for other types of vehicles, such as HGVs.

If your employer has not taken the reasonably practicable steps to ensure your vehicle is safe to use, it could result in your injuries. If so, you could claim.  

Is The Employee Liable For A Car Accident?

It’s important to note that, in employee car accident claims, if there is a chance that the accident was wholly the employee’s fault, this is when they could be held liable. 

This could be if:

  • The driver is not properly licensed or insured
  • They were driving negligently or dangerously
  • The driver did not follow the driving policies outlined by the employer

Advice and guidance on safe driving can be found in the Road Traffic Act 1988 and The Highway Code.

Even if you were partially at fault, you could still be able to make a viable claim. You could be able to make a split liability claim. In these instances, the amount of compensation will be reduced according to your share of responsibility for your injuries. For example, if you agreed to being 20% at fault, your compensation would be reduced accordingly.  

If the accident was wholly your fault, you would not be able to make a valid claim.

What Happens If You Get In A Car Accident While Working?

If you’ve been in a car accident at work, you should make sure to gather the other party’s details so that the insurance provider can contact them at a later date. This often includes the registration number, insurance provider’s details, full name, and telephone number. If the other car or vehicle is uninsured or untraceable, you can still make a valid claim through the Motor Insurers’ Bureau

You should also report your accident as soon as possible in the workplace accident logbook or to the relevant party. Your employer should ensure you know who this is or where this is kept. 

Logging your accident is important, as it could be used as evidence for your claim. It is also advisable to log it as soon as possible after the accident so that the details are still fresh in your mind. 

What To Do If An Employee Has An Accident At Work?

If you’ve been involved in a car accident at work that’s caused you injury, it is advisable to seek medical help as soon as possible. To do this, you could call 999, 111 or find your closest A&E service

Before contacting a solicitor, you could also gather relevant evidence for your case. This could include:

  • Photographs (of injuries or the accident)
  • CCTV footage
  • Accident report records (such as from the workplace logbook)
  • Medical reports
  • Witness details (to take a statement from at a later date)

Your solicitor will organise a medical appointment to assess the severity of your injuries. The findings will be collected into a report, which could be used as key evidence for your case. You should know that our panel of solicitors can arrange for the medical assessment to be in your local area, so you can reduce the distance you travel.

Employee Car Accident Compensation Calculator

This section will look at different employee car accident claims compensation amounts for various injuries you could sustain after a car accident. These figures are from the Judicial College Guidelines, which legal professionals use to help calculate compensation awards. 

InjurySeverityAmountNotes
NeckModerate (i)£23,460 to £36,120This can include cases where severe symptoms may lead to chronic conditions or serious soft tissue injuries. There may also be impaired function or exacerbation of a pre-existing condition.
BackModerate (ii)£11,730 to £26,050This includes cases where the damage may lead to backache, a soft tissue injury, prolapsed discs or the worsening of any pre-existing conditions.
ShoulderSerious£11,980 to £18,020This includes cases where damage may have led to dislocation. There could be pain in the shoulder, neck, elbow and hand regions with a weakness of grip and restricted shoulder movement.
ShoulderModerate£7,410 to £11,980This includes cases where the shoulder has limited movement, with symptoms persisting for about two years.
Severe Leg InjuriesModerate (iv)£26,050 to £36,790This includes cases where there may be multiple fractures. The amount will be influenced by impact on employment, chances of future surgery or instability of the knee, among other factors.
KneeSevere (ii)£48,920 to £65,440This includes cases where there may be a leg fracture that extends to the knee joint. This is likely to cause constant pain, limited movement and possible osteoarthritis.

It is important to note that any whiplash injuries valued below £5000 now fall under the recent changes made to the Whiplash Reform Program. According to these changes, whiplash injuries valued under £5000 can now be dealt with using an online portal. However, you may be undervaluing your injury, so it is always best to get in touch with us for more advice. 

Personal injury claims can also cover financial losses of various kinds caused by your injury. This could include:

  • Medical expenses not covered by the NHS
  • Travel expenses if you have had to travel to the hospital, for example
  • Adjustments to the home if any lasting disabilities require it
  • Loss of past and future earnings if you have had to take time away from work and it’s impacted your wages

To claim special damages, you would need to provide evidence of the costs incurred. For example, you could show receipts for taxi rides or invoice slips for the installation of a shower room in the home. 

Talk To A No Win No Fee Solicitor

No Win No Fee agreements can be a way to fund the services of a solicitor when you make your claim, as it means your solicitor will ask for no upfront or ongoing payment of their fees if your claim is unsuccessful. 

If your claim does succeed, your solicitor will take a legally capped success fee from your compensation once it is paid in full. The fact it is legally capped means you should always receive the majority of the compensation. Your solicitor will also discuss their fee with you beforehand, so there are no nasty surprises. 

To find out more about No Win No Fee agreements or start a claim, get in touch today. Our advisors are available around the clock to offer free legal advice and could connect you with someone from our panel of solicitors. 

Employee Accident Claim Resources

Thank you for reading our guide on employee car accident claims. We hope it answered any questions you may have had. For more relevant links, see below.

Public Transport Accident Compensation Guide – An article detailing compensation amounts after an accident on public transport. 

Who’s at Fault in Car Park Accidents? – A guide to car park accidents and who could be liable. 

Can I be Sacked After an Accident at Work? – An article about if your employer could fire you after having an accident at work. 

The Health and Safety at Work etc. Act 1974 – The legislation detailing an employers obligations to their employees’ safety.

Check or Update your Company Car Tax – The government page on taxing your company car. 

Royal Society for the Prevention of Accidents –  A charity that aims to reduce the rate of accidental injury through advice and guidance.

We also have some other guides you may find useful:

Thank you for reading our guide on who could be liable for employee car accident claims. 

Article by AO

Publisher UI