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Injured in a company vehicle?
Find out when you can claim if you were injured in a company vehicle accident, who may be liable and what steps to take after a crash.
We are a claims management company regulated by the Financial Conduct Authority.
Can I claim if I’m injured in a company vehicle accident?
If you were injured in a road accident while using a company vehicle, you may be entitled to make a claim if another party was at fault or your employer failed to take reasonable steps to keep you safe. Even if you were not driving your own vehicle, you may still be entitled to compensation for someone else’s negligence.
Common scenarios include accidents while driving a lorry, work van, company car, or being a passenger during work-related travel. A claim can cover the pain and suffering caused by injuries such as whiplash, broken bones or concussions, as well as medical treatment and other financial losses.
This guide explains your employer’s duties while using a company vehicle, when you may have a valid claim, who may be liable for compensation, and what you should do following an accident. For a free case assessment or legal advice, please call 0800 470 0474 or request a call back.
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Table of Contents
What is a company vehicle accident claim?
A company vehicle accident claim is a type of personal injury claim made when someone is injured while using a work vehicle, such as:
- A company car or van
- A lorry or HGV
- A delivery vehicle
A road traffic accident claim involving a company vehicle can arise when:
- Another road user caused the accident
- An employer fails to provide proper training or maintain the vehicle
- Unsafe work practices contributed to the accident
If you had an accident in a work vehicle, a personal injury solicitor can let you know if you are able to claim compensation and offer you a no win no fee service if you can proceed.
Does my employer owe me a legal duty of care when I’m driving for work?
Yes, your employer owes you a legal duty of care when you use a company vehicle for work purposes. Under the Health and Safety at Work etc. Act 1974, they must take reasonably practicable steps to ensure your health, safety and welfare while you are working. This can include:
- Conducting suitable risk assessments
- Regularly inspecting and maintaining the vehicle to make sure it is safe to drive
- Ensuring that you are properly trained and have a valid driver’s licence
- Avoiding unsafe working schedules that could lead to fatigue
- Monitoring driving hours and allowing for adequate breaks
- Ensuring the vehicle is MOT tested and serviced regularly
Breaching this duty can lead to an accident at work claim against your employer if you are injured in a company vehicle.
Can I claim for a road accident if I was injured in a company vehicle?
Yes, you may be able to claim compensation if you were injured in an accident involving a company vehicle if the following conditions are met:
- Another party, such as your employer, owed you a legal duty of care
- They breached this duty through negligence or careless driving
- The accident and your injuries were caused by their breach of duty
You may not be able to make a claim against your employer if you were using the vehicle to run personal errands or were in breach of the company’s policies.
Who is liable for a company vehicle accident?
Liability for the accident depends on how it occurred. Sometimes, more than one party may be responsible for a work-related road traffic accident.
Potential liable parties include:
- Your employer – If the vehicle was unsafe or poorly maintained
- Another driver – If they caused the collision through careless or reckless driving
- A fellow employee – If they were driving and their actions caused the crash
- A manufacturer – If a vehicle defect caused the accident to happen
- A local or highway authority – If the accident was caused by dangerous road conditions
A personal injury lawyer can establish who is at fault for your accident and help you claim compensation from them.
What if the other driver is uninsured or cannot be traced?
If another driver is uninsured or has fled the scene (hit and run) after a road accident in a company vehicle, you may still be able to claim compensation for your injuries through the Motor Insurers’ Bureau (MIB).
If you find yourself in this scenario, you should report the incident to the police as soon as possible. Try to get as many details of the other vehicle as you can, such as its make, model, colour and registration number.
What should I do after an accident in a company vehicle?
If you were involved in a road accident in a company vehicle, there are a few things you can do to protect your health, safety and legal rights:
- If you were driving, stop in a safe place and assess yourself and any passengers for injuries
- If anyone needs immediate medical attention or there is a serious hazard, call 999 right away
- Exchange details with other drivers involved, including contact details, insurance information and vehicle registration
- Ask for the names and contact details of witnesses to the accident
- Take photos and videos of the accident scene and the vehicle damage, from various angles, including the surrounding area and any road signs or skid marks
- Request any CCTV or dashcam footage of the incident from third parties, if available
- Notify your employer straight away and ask them to record the incident in the company’s accident book
- Avoid apologising or admitting fault and inform your own personal or motor insurance provider, if you need to under your policy
Keeping calm and taking these steps may help you show what happened and support a future compensation claim.
What injuries can I claim for if I was injured in a company vehicle?
If you are injured in an accident that wasn’t your fault, you can typically claim compensation for any type of injury sustained as a result, including:
- Soft tissue injuries like whiplash, muscle strains and ligament sprains
- Lacerations caused by broken glass or impact trauma
- Broken bones and crush injuries, particularly of the ribs, arms and pelvis
- Internal bleeding and damage to organs such as the spleen or liver
- Catastrophic injuries such as traumatic brain injuries and spinal cord damage
- Post-traumatic stress disorder (PTSD), anxiety, or depression resulting from the traumatic event
The type and severity of the injury will help determine how much compensation you may be entitled to claim.
Can I claim if I was partially at fault?
Yes. You could still claim compensation even if you were partially responsible for the accident. This is known as contributory negligence. In this case, your compensation amount will likely be reduced to reflect your part of the blame.
Can I claim if I was self-employed or a contractor using a company vehicle?
Yes. Even if you were self-employed, you can make a claim if you’ve been injured as a result of someone else’s negligence. Depending on the circumstances, your employer, contractor, client, vehicle owner or another road user may owe you a legal duty of care, regardless of your employment status.
Can I claim if I was a passenger in a company vehicle?
Yes. Passengers can usually claim compensation if they are injured in a company vehicle accident caused by someone else’s negligence. Depending on the circumstances, you may be eligible to claim against:
- The driver of the company vehicle
- Another driver involved in the accident
- The employer or their insurer, where appropriate
Will making a claim affect my job?
Making a legitimate company car accident claim should not affect your job. If your employer treats you unfairly and you are sacked or penalised for doing so, you may have grounds for a further employment law claim.
Furthermore, it may put you at ease to know that employers are legally required to insure company vehicles. They must also have employer’s liability insurance to cover eligible employee injuries at work, so compensation is usually paid by the relevant insurer rather than directly by the employer.
Will an accident in a company vehicle affect my insurance?
Yes, being involved in an accident while driving a company vehicle could potentially affect your personal insurance. When you want to purchase or renew your insurance, you may need to state whether you were involved in any accidents within the past 3 or 5 years, depending on the insurer’s questions.
This may apply to all vehicles you have driven, not just your personal one, so you may need to declare the company vehicle accident. Depending on the circumstances, this may result in an increase in your premium. If you fail to disclose information requested by your insurer, any future claims on your policy may be rejected.
If you want to make a claim for injuries caused by a road accident in a company vehicle, give us a call today for free legal advice on 0800 470 0474 or use our online contact form to request a call back.
