Many employees need to drive frequently for their jobs and do so without a designated company vehicle. Instead, they use their personal vehicle, though employers who don’t provide a car for employees to drive while working open themselves up to potential liabilities.
Common scenarios involving an employee driving their vehicle often include sales positions. In addition to employees who must regularly meet with clients, other driving situations may arise.
In addition, an employee can drive to different work sites, run errands for the organization, etc. All these reasons are valid and require driving. Therefore, all these reasons can be officially used for using a personal vehicle while at work.
Can Employees Be Required to Use Their Vehicles for Work in Iowa?
The answer to this question is primarily based on the situation. Sometimes, employees need to take their vehicles to work for official errands. However, this seemingly harmless act does put employers in a vicarious position. In other words, it creates a legal loophole that can be used to penalise the employer if things go wrong.
For example, if an employee’s small error caused an accident that caused grievous injury, the court of law would hold not only the driver responsible but also the employer for whom the employee was driving in a professional capacity. The complexity multiplies if someone gets hit by a company vehicle.
In this scenario, both the employer and the employee behind the wheel will be held responsible for the accident. Therefore, always ensure that you understand the legal side of things before taking a similar decision.
What Every Employer Should Do When Their Employees Use Their Vehicles for Work
When employees have work-related activities that require them to drive and the company isn’t able to provide company cars, they must use their personal vehicles.
Employers should check each employee’s driver’s license and insurance and ensure that their motor vehicle record has no red flags. Savvy employers will keep copies of these items on file for every employee.
Moreover, as an employer, you must consider creating a detailed legal channel that elaborates the legal caveats of using a personal vehicle for work. For example, clarify pointers that will allow you to acquit yourself from any legal liability. These clauses should include basics like driving under the influence or negligence.
Apart from that, your documentation must also clarify other clauses that can help you to minimise your legal liability in the cases. Try to create this legal documentation with the aid of a legal representative. This will allow you to approach the topic with a better sense of clarity.
What Happens If You Get Hurt in an Accident While Driving on the Job?
In a car crash with a dedicated company vehicle, the company’s fleet insurance coverage may be used to pay for medical bills, lost wages, and other damages. However, workers’ compensation coverage should be available to cover the loss for a worker using their vehicle.
In some cases, an employer can have liability insurance. The primary aim of this insurance is to cover any damage. However, liability insurance comes in different variations. In some cases, insurance only covers damages caused by others and not self-inflicted damages. Hence, do your research thoroughly.
While that’s certainly good news if you drive your vehicle around to complete your work tasks, there is a downside. Your employer’s liability insurance generally will not cover any personal property damage. You’d then need to seek compensation through your auto insurance policy, though since Iowa is an at-fault state, it may be best to file it with the insurer of the at-fault party.
More issues may also be involved, especially if multiple vehicles were part of your accident. The company you work for may not have adequate coverage, making the case much more complex. Your insurance company may not cover you either if you don’t have a rider or additional insurance coverage.
If you regularly drive as part of your work activities, it may be best to talk to your manager and ensure you understand what will and won’t be covered if you get into a car accident.
You can find out how much adding a rider to your car insurance policy will cost and see if your employer will cover this expense for your employment. If not, you should find out how they will protect you if someone else causes an accident while you are driving for your employer.
Understanding Your Options When You’re Not At Fault in an Accident While Driving for Work
Those who regularly drive their cars for work should know what to do if they are in an accident. You can file a car accident lawsuit if you didn’t cause this car crash.
You may also be able to receive workers’ compensation from your employer, though it can be complicated as they may require you to pay it back if you receive a winning settlement or verdict.
Some employees find themselves in a situation where their employers put liability on them even when they did nothing to cause the accident. They may even claim you were driving around for your own reasons, not your job.
It is always a good idea to speak with a personal injury attorney right after any car accident, especially one that involves so many complex factors, to get legal advice on what to do next.
What Happens If Someone Driving for Work Hits You?
You may have difficulties recovering your damages when you’re in an accident with someone driving for work. The employer will likely be responsible, even if the car is an employee’s vehicle. They will likely complicate things by finger-pointing at their employee and you.
The Endnote
As an employer, if you let your employees use their personal cars for official purposes, then you will have to ensure that you follow certain steps. These steps are not there to complicate matter, but to safeguard yourself and your employees if things go wrong. Therefore, consider the points we have discussed and drive safely.