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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.
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 | Under 16? | Everyone |
If you were injured in a car crash on work business, you can make a claim for workers’ compensation8, as the vehicle was your workplace at the time.
The NSW Government has provided a guide on how to do this: Workers Compensation Claims. |
If you’ve been involved in a car accident and you’re under 16 (whether or not the accident happened during work), you are entitled to something called ‘Children’s Special Benefit’, regardless of who caused the accident. | Anyone in NSW who has been injured in a car accident (including at work) is entitled to be paid up to $5,000 for treatment expenses and lost earnings in the six months after the accident. This is available from either your own insurer, or the insurer of the person who was at fault.
You may be able to claim more than $5,000, but this will depend on who was at fault in the accident. For more information on compensation for car accidents generally, see our page on Car Accidents and Crashes in NSW. |
Generally, in NSW, employers aren’t responsible for a car accident you cause on your way to or from work, even if you’re in a work car. The only types of workers who are covered on the way to or from work are paramedics, police officers and fire fighters. There are some other exceptions to this, but it can be complex.
if you have been in a car crash on your way to or from work and want to know who is responsible, contact us here for free and confidential legal advice.
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