You may be able to make a claim against the driver or their employer.
The employer may have to pay if the driver was driving for work.
The driver may have to pay if:
For more information, see
Driving for work.
If you have an accident with someone driving a work vehicle, you should get
An employee who causes an accident while they are driving for work may be responsible for the damage caused to their employer's car.
If the employer's car is insured and the employer claims on that insurance policy, the employer's insurance company can't then claim against the employee for the amount they paid to the employer for the claim.
If the employer has to pay an excess to the insurance company, they may, in some circumstances, be able to claim it back from the employee.
If your employer is asking you to pay their excess, you should get
You may be responsible for the damage caused by your employee. An employer will usually be responsible if the employee was using the car for a work purpose in a way they were authorised to. An employer may also be responsible where the employee is authorised to use the car, but is using it in a way they are not authorised to do, such as driving in an unsafe way.
An employer is not responsible if the employee was using the car for a purpose that was outside the 'scope of their employment'. This means that the employer usually won't be responsible if the employee was using the car for their own reasons. Whether or not an employer is responsible will depend on the facts of each case.
If you are an employer and you are not sure if you are responsible for the damage caused by your employee, you should get
Usually an independent contractor will be responsible for the damage they caused in a car accident if they were driving their own car. If the independent contractor was driving a car belonging to you, the independent contractor may be able to argue that you should pay for the damage.
If an independent contractor is making a claim against you, you should get
The issue of whether a person is an employee or an independent contractor can be quite complex, and if you don't know which one your are, you should get
A person might be an employee if they