Company Vehicle Accidents in Florida

Getting into an accident while driving a company vehicle is a nerve-racking experience. The driver of the vehicle is almost certainly worried about keeping their job and their employer is concerned as to whether or not they are liable. At the same time, they need to navigate an insurance claim system that is very different from the one they are familiar with.

Under the doctrine of respondeat superior, in a company vehicle accident in Florida, if you are acting within the scope of your employment, your employer becomes liable for your actions, even if you were the negligent party.

When you get into an accident in a company vehicle, you represent both yourself and the company in all interactions involving that accident.

Will the accident affect your driving record? Whose insurance will compensate people injured in the accident? What type of paperwork will you have to fill out? These are all questions that make company vehicle accidents in Florida more complicated than traditional car accidents.

Workers’ Compensation in Company Vehicle Accidents

One of the most important questions to ask after company vehicle accidents in Florida is, “Am I eligible for workers’ compensation benefits?” The good news is, you probably are.

If your employer has four or more employees (or one or more if you work in the construction industry), they are required to have workers’ compensation coverage under Florida laws. And if they don’t have coverage, you have the right to file a lawsuit to get the compensation you would have gotten from that required coverage.

Thus, assuming your employer has coverage, the only question is whether you qualify. Typically, if you are driving a company vehicle, you will.

While it is a slight simplification of workers’ compensation laws, if you are performing work duties, you are covered by workers’ compensation insurance. Typically, if you are driving a company vehicle, you are covered.

It shouldn’t matter that you most likely aren’t at your workplace. Effectively, the company vehicle is your workplace. It just happens to be a moving workplace.

However, this can create some confusion, too. Typically, if you are injured in a car or truck accident, the applicable auto insurance will cover your medical bills and lost wages. In company vehicle accidents in Florida, some of those expenses may be covered by workers’ compensation insurance instead.

This is good news because it means multiple insurance policies can potentially compensate you. However, you can’t double dip. You can get your medical bills compensated by workers’ compensation insurance or auto insurance, but not by both.

If there is a dispute as to which policy should cover you, the insurance companies will usually work it out between them.

Vicarious Liability and the Doctrine of Respondeat Superior in Florida

If you are involved in an accident while driving a company vehicle, one of the things you might be worried about is whether you will be liable for any injuries the other driver suffered. Thankfully, you probably won’t be.

Under the doctrine of respondeat superior, as long as you were acting within the scope of your employment at the time of the crash, your employer will be liable for the accident, even if you were the at-fault for it.

However, there are limits to this liability. You must have been performing your duties as directed for liability to be placed on your employer.

If, for example, you were drag racing with the company vehicle, that is far outside the scope of your employment. Even if you were technically using the vehicle during work hours, your actions would prevent vicarious liability from applying.

Conversely, even though negligence is not part of your duties, it doesn’t prevent your employer from being liable. People make mistakes, and as long as you were attempting your duties in good faith, your employer becomes financially responsible for that negligence.

Acting in the Scope of Employment vs. Not Being Technically on the Job

The concept of acting within the scope of employment is simple enough. However, determining whether someone was acting within the scope of employment can be quite complicated in specific cases.

For example, are you acting within the scope of your employment if you speed up to beat a light and get into an accident? Probably.

Your employer probably doesn’t want you running red lights. But they also want you to get your work done quickly. You can reasonably claim that you were just trying to do your job. You may get fired after that kind of accident, but your employer will still be liable for your actions.

Some cases are even more complex. Imagine that you work at a job where you keep the company car at your home overnight, driving it to and from your workplace every day. Are you acting in the scope of your employment while driving to and from work?

In most circumstances, you are. Your work vehicle is required for your job, and getting to and from the workplace is within the scope of your employment. You can’t just teleport the vehicle to and from work. Therefore, if you get into an accident driving to or from work, that accident is probably covered by your employer’s insurance.

Note that this is different than if you were driving your personal vehicle. The difference is that you are in a company vehicle, and that vehicle is a required element of your work.

What if You Are Performing a Personal Errand in the Vehicle?

This is the type of question you may want to discuss with a top rated Fort Lauderdale personal injury lawyer. The short answer is it depends. Some personal errands may be considered part of your workday.

For example, if you are driving between worksites and you stop briefly to purchase a bottle of water, that would technically be a personal errand. However, if you got into an accident during that errand, it would probably be covered by your employer because you were performing other work duties at the same time.

However, if you jumped in the company car after work hours to purchase groceries, you would be liable if you got into an accident at that time. Even though you have the vehicle after work hours and may even have permission to use it for personal errands, you are not performing any type of work duty at the time. Company vehicle accidents in Florida under these circumstances would be covered by your private car insurance.

Finally, there are situations where you may be considered “on the job” even while you aren’t getting paid. Imagine that you are on a work trip where you are staying in a hotel for a few days. During that time, your only method of transportation would be the company vehicle.

Driving that vehicle to get dinner or do dry cleaning would be considered a reasonable use of it since the trip as a whole is within the scope of your work. Any company vehicle accident in that situation would typically be considered “on the job” unless you were doing something entirely unreasonable with the vehicle (like the drag racing example).

Covering Medical Costs and Damages

All this discussion of liability matters because it determines who covers medical costs and damages in company vehicle accidents in Florida. If you were acting within the scope of your employment, your employer’s insurance company would cover your costs and potentially the costs of any other parties injured in the accident.

Conversely, if you can’t show that you were acting within the scope of your employment, your personal injury protection (PIP) insurance policy will need to cover those costs. That is something you want to avoid.

When there is a dispute over whether you were acting within the scope of your employment, it may be hashed out by various insurance companies or by lawyers if the case goes to trial.

Note that fault was not mentioned when discussing which insurance policy covers your medical costs. This is because Florida is a no-fault insurance state. Regardless of who is at fault in an accident, your insurance policy (or the insurance policy of your employer when vicarious liability applies) covers your medical costs and damages.

The only exception is when someone’s injuries meet the serious injury threshold. When that is the case, the injured party can file a lawsuit against the at-fault party.

Top Rated Auto Accident Attorneys in Fort Lauderdale, Florida

The litigators at Schilling & Silvers Personal Injury & Car Accident Lawyers have decades of auto accident experience in the Fort Lauderdale area. They understand the nuances of company vehicle accidents in Florida and know how to navigate the bureaucracy of corporate policies and workers’ compensation insurance.

If you are injured in a company vehicle accident in Fort Lauderdale, contact our law firm to schedule a free consultation to discuss your case.