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In most cases, you will not have to pay for any damage caused by a car accident that happened at work, but this depends on a few things. First, it can make a difference if you are an employee, or a contractor. See our page on Independent Contractors to learn about the differences between a contractor and an employee. If you are still unsure, contact us here for free advice.
For employees:
In most cases, your employer will be responsible for any damage caused while you were driving for work, even if it was your fault. This is called ‘vicarious liability’. But you might be responsible if:
If your employer is telling you that you must pay for the damage, or has deducted money from your pay, contact us here for free legal advice.
For independent contractors
If you are a contractor and driving a company car for, or at work, and you cause a car crash, the employer who contracted you may still be responsible – except in situations that involved serious or wilful misconduct, such as drink driving, or you were not driving for work purposes at the time.
In most cases, for employees and independent contractors, if you were driving for work and you were not driving recklessly or under the influence, then your boss will still be responsible for the damage – and can usually claim through their own insurer. You may still have to make a claim through your own insurer too. This can be confusing, so we encourage you to contact us here for free legal advice.
In most cases, if the accident was the other driver’s fault, either they, or their insurer, will pay for repairs and other costs. If you have been hit by someone and they DON’T have insurance, then your employer can generally make a claim with their own insurer if they have what is called ‘Comprehensive Insurance’. In almost all cases, you won’t have to pay anything.
If your employer or the other driver is telling you that you must pay for the damage, or there is a dispute about whose fault it was, contact us here for free legal advice.
There are different types of compensation available for car accidents at work. Contact us here for free advice about what compensation may be available in your situation.
Workers’ compensation | Motor injury compensation |
If you were injured in a car crash on work business, you can make a claim for workers’ compensation, as the vehicle was your workplace at the time.
WorkSafe ACT has provided a guide on how to do this: Making a claim. You may also be able to make a claim if the accident happened on your way to or from work – see more information on this below. |
Every driver in the ACT must have personal injury insurance, called a ‘Motor Accident Injuries’ (MAI) policy. If you have a car accident, regardless of who’s fault it was, your MAI policy will cover you for any personal injuries (not damage to the car), like hospital bills an income replacement if you are out of work.
This compensation is for injuries only – not damage to the car. For more information on compensation for car accidents generally, see our page on Car Accidents and Crashes in the ACT. |
In most cases in the ACT, your boss is liable for ‘employment related journeys’, and you can make a workers compensation claim. This includes:
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