​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 when you are an employee or independent contractor

If you are an employee and you were at fault in a car accident, in some circumstances your employer may be responsible to pay for the damage you caused. This is called 'vicarious liability'. 

If you are an independent contractor driving your own car and you are at fault in a car accident, you will be responsible for any damage caused as a result of the accident. 

    Are you an employee or an independent contractor? 

    It can be difficult to work out if someone is an employee or an independent contractor. For example, 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 contribu​tions from their employer
    • are covered for workers compensation by their employer. 

    ​Working out whether you are an employee or an independent contractor can be complicated. If you are unsure you should get legal advice. ​

    AlertIf you are an independent contractor and you caused a car accident, you should get legal advice

    Does the car you were driving belong to you? 

    An independent contractor who causes an accident while driving a car belonging to the person that contracted (hired) them, may be able to claim that the person who contracted them is liable. 

    AlertIf you are an independent contractor and you caused a car accident, you should get legal advice

    If you are an employee driving your own car but you are driving for your employer's purposes, your employer may be liable. This is called 'vicarious liability'. 

    AlertIf your employer doesn't accept responsibility for a car accident you were involved in, you should get legal adv​ice. 

    Is your employer liable for your actions? 

    If you caused an accident while driving for work, your employer may be responsible for the damage you caused to another car or property. This is called 'vicarious liability'. Your employer will usually be responsible if you were driving the car for work purposes, for example, if you were driving the car to pick something up for your employer. 

    Sometimes your employer may not be liable for an accident you caused whilst driving for work. Your employer will usually not be liable if: 

    • ​​the accident involved your 'serious or wilful misconduct' such as driving while drunk or intentionally causing the accident
    • you used the car in a way that was not permitted by your employment agreement, such as allowing your partner to drive the work car
    • you were using the work car for your own purpose, such as picking up your friend from the airport.

    If your employer is responsible for an accident caused by you, the owner of the other car can still claim against you. If your employer does not accept responsibility you may be able to make a claim (called a 'cross-claim') against your employer.

    AlertIf the owner of the other car says you should pay for the damage you caused while driving for work, you should get legal advice.

    If your employer is responsible for an accident caused by you they usually cannot claim against you for the damage to their car or the other car.

    AlertIf your employer, their insurance company, or another driver is claiming the cost of repairs from you, you should get l​egal advice