What will happen regarding a car accident in a company vehicle?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What will happen regarding a car accident in a company vehicle?

An employee was doing a delivery in a work car and dosed off behind the wheel because lack of rest. They told the manager that they were tired before the delivery and the car crashed into something. Will the employee be

responsible for the damage or the store manager or injuries involved?

Asked on June 8, 2019 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Any third person who was injured or whose property (e.g. car) was damaged can sue at their option the employee (who is liable because he was negligent or at fault) and/or the store (who is liable because employers are liable when their employees are negligent in the course of their jobs--which this person was) and/or the owner of the car, if it was someone other than the employee or store (because a vehicle's owner is responsible when those whom he/she/it allows to drive are negligent). Or the injured person can sue all the above--you can sue more than one person, when more than one may be liable. So is it likely that a third person will either sue the store only (if they feel the employee would have no money to pay) or the store and employee.
The store can bring its own claim against the employee to make him or her pay (assuming he or she can), since the employee was the one who was at-fault: drioving when you are tired is negligent, and the employee should have refused to drive if the employee could not do so safely. The store can recover from the employee any amounts it has to pay others or for damage to its car.
The above is ignoring insurance: assuming the store had the proper (commercial, since the car was used for business) insurance on the vehicle, the store should turn this over to their insurer to handle for them. The insurer may then decide to sue the employee to recover what it has to pay out (this is called "subrogation").

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption