​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Driving for work - Frequently Asked Questions​


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1. I had an accident with a van.​​​ The other driver said they don't have to pay for the damage because it's a work car. Who will pay for my damage?

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:

  • they were driving for work but they were doing something illegal. For example, drink driving
  • they were driving for work but they caused the accident on purpose
  • they weren't driving for work at that time. For example, they used the van to go shopping for personal items.

For more information, see Driving for work.

If you have an accident with someone driving a work vehicle, you should get legal advice.

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2. I was driving my boss's car to pick​​ up some tools for him, when I had an accident. The accident was my fault, but my boss claimed on his insurance. He said I had to pay the excess of $500.00. Is this right?

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 legal advice.


3. One of my workers had an accident ​​​in a car belonging to my business. I think she was at fault. Now the owner of the other car is demanding that I pay for their repairs. Am I responsible?

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 legal advice.

For more information, see Driving for work.

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4. I am a builder. Sometimes I contract​​ out extra work to other builders. Recently, one of these independent contractors caused a car accident in his ute. He is saying that I am responsible for the damage he caused. Am I?

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 legal advice.

For more information, see Driving for work.


5. I have had an accident driving my ​​car. I was driving for work and I was at fault. I am not sure if I am an employee or an independent contractor. What is the difference?

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 legal advice.

A person might be an employee if they

  • get sick leave and annual leave
  • have tax deducted from their pay by the person paying them
  • are supplied with tools and equipment
  • are told what hours to work
  • fill out timesheets
  • are directed when and how to perform the tasks of their job
  • receive superannuation contributions from their employer
  • are covered for workers compensation by their employer.

For more information, see Driving for work.