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Who Pays if You’re in an Accident in a Company Car?

The Complexities of Company Car Accidents

Company cars are more than just a nice perk; they serve a practical purpose. Many employees travel extensively for their jobs, and providing them with a company car can be a beneficial tax write-off for employers.

Accidents in company cars are common, often leading to complex legal liability issues. Questions frequently arise about who compensates an injured motorist – the employee or the company. Similarly, what happens if you are injured while in the company vehicle? At Naqvi Injury Law, our Las Vegas car accident attorneys specialize in analyzing these intricate scenarios to determine who should bear the cost.

When is Your Employer Liable?

In many instances, employers are legally liable when their employee gets into an accident in a company car. This is due to a legal concept called vicarious liability. However, for this to apply, the employee must have been acting within the scope of their employment at the time of the accident.

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Understanding Vicarious Liability

Vicarious liability is a legal concept that holds an employer accountable for their employees’ actions when the employee injures someone while performing their job. The critical point here is that the employee must have been furthering their employer’s business in some capacity at the time of the accident for vicarious liability to apply.

Fault & Car Accidents

Your employer is not vicariously liable unless you are at fault for the crash. Drivers are typically at fault when they make a mistake that leads to a collision, such as speeding, failing to yield, or driving distracted. Nevada recognizes comparative fault, as found in NRS 41.141,  which means that two or more parties could share the blame for a wreck.

Criminal Actions & Vicarious Liability

There are limits to vicarious liability, even if an employee acts within the scope of employment. For instance, if an employee commits a crime, such as drunk driving, the employer can usually avoid vicarious liability.

Personal Liability for Accidents in a Company Car

In certain situations, an employee will be responsible for paying compensation. This typically happens when vicarious liability does not apply, or the employee has committed a crime. For example, if you were running a personal errand while driving the company vehicle and caused an accident, the victim cannot sue your employer, so they will come after you. It’s crucial to ensure that you have insurance that covers the company car. If you do, then the policy might cover the accident. If not, you could be sued personally, and the victim could come after your assets.

Receiving Compensation as a Victim

If another driver is to blame for the accident while you were driving your company car, you can make a claim on that driver’s insurance for costs such as medical care, lost wages, and pain and suffering. However, if the other driver is uninsured, you might qualify for workers’ compensation benefits or have an uninsured or underinsured motorist policy that covers the company car. These benefits will not pay for pain and suffering, but they can cover a portion of the financial losses.

Determining Fault & Vicarious Liability

Not every accident is clear-cut. Often, insurance adjusters will decide who is to blame and whether vicarious liability applies. If insurance companies disagree, the dispute could go to trial.

Contact Naqvi Injury Law Today

Our team of attorneys, lead by Farhan Naqvi, can help you untangle legal liability issues, including whether vicarious liability applies. For assistance, please schedule a free consultation with a Las Vegas car accident attorney today.

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Chris Hughes
Chris Hughes
2023-07-25
Naqvi injury law is amazing! The people are wonderful and the offices are beautiful. I recommend them to everyone. Thank you so much Tarah and Jason for the amazing work and settlement!!!
Jason Stewart
Jason Stewart
2023-07-22
Great practice - settled my accident professionally and efficiently. Jason and Sabina are amazing - they both communicated and kept me updated on the status of my case throughout the duration. I really appreciate their time and efforts. Thank you again!
Donald Weiss
Donald Weiss
2023-07-14
Great service by Alex best in town ...Megan was also great ..best service I've had and I grow up with Jeff Fawell in dupage County ilinios who is a fried but also a constitution lawyer ...they are just as good
Frank Lin
Frank Lin
2023-07-06
I am a client of Naqvi Injury Law since March, 2016. In the last few of years, I have been represented by Attorney Coats and Attorney Albright, and Mrs. Rachel Bounds for three automobile accidents. They were all incredible and very organized. They provided the best legal advice and customer services to me. I felt so welcomed every time I sit feet in their office. Both attorneys and Rachel were helpful in every step in the way. They helped me gone through the treatment and recovery process. I can’t thank them enough for their wonderful services that they have provided to me. In addition, I want to use this opportunity to thank Naqvi attorney, Meghan and her Legal Assistant, Maggie. They made sure no stones were left unturned during the legal proceeding to get the case resolved. Again, thank you for all the legal services from the best injury law firm in Southern Nevada, that is the Naqvi Injury Law.
Andre Williams
Andre Williams
2023-07-03
Naqvi injury attorneys are the best I ever came across..first time I stepped in their office I was treated with the upmost respect and care from a team of attorneys case managers, and the front Desk..everyone is so amazing..Shaunda the Case Manager is awesome. She was so transparent Throughout my entire case, she went above and beyond and treated me like family…. i’m so grateful and thankful for an amazing team at Naqvi injury law… Melissa and Shawna and the rest of the staff. Keep up the good work I’m going to recommend you guys to the fullest. thank you so much.
Youth Led Hayes
Youth Led Hayes
2023-07-02
Absolutely AMAZING team Naqvi has with him, including the receptionist; they are patient, polite, considerate, and genuinely concerned about you as a client. They respond to you if not the same day, definitely within a 24 hour period. Paul and Arlene stayed in contact with throughout the process. If I’m ever needing a lawyer again Naqvi law office is it!
Business Review Journal
Business Review Journal
2023-07-01
Best law firm in Nevada!… Farhan, Paul Albright and their entire team worked endlessly on my case and walked me through every phase of the process. I couldn’t have been any happier with the resolution. They truly deserve every award they’ve received over the years. Thank you for everything Team Naqvi…
J Cole
J Cole
2023-06-27
What else could I say other than the best decision I made for my Health was switching attorneys to Paul at NAQVI. My case was complex and many things were NOT in my favor. Paul and Rachel delivered me an unbelievably generous settlement and all of my medical expenses FULLY covered. If you feel unsure about your legal representation, or have a case that seems hopeless, take a consultation with Paul at Naqvi.
Barbara Balatbat
Barbara Balatbat
2023-06-26
I was involved in an accident with someone driving a government vehicle. I chose to call Naqvi Injury law. The process was long, since my attorney Mariya Malkova was dealing with a government adjuster. Karla and Mariya always kept me updated during this whole process. This team was truly awesome and I will not hesitate to call Naqvi Law Injury again or recommend them to family & friends. Thank you to Mariya & Karla and anyone who helped on my case for all your help & support.
IcyDragon
IcyDragon
2023-06-23
Very good experience, I was in a car accident and got excellent service. Absolutely recommend to everyone. If you want the best team use Naqvi and his team!!