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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 paying for any damage if you were driving for work and the accident was your fault. This is called ‘vicarious liability’. But you will generally 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 18? | Everyone |
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.
See Workers compensation claim form from NT WorkSafe for more information. In some specific cases, 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.
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If you’ve been involved in a car accident and you’re under 18 at the time of the accident, you have 9 months from when you turn 18 to make a claim for personal injury compensation. | If you have been injured in a car accident, and it wasn’t your fault then you may be able to claim compensation for any injuries. You must notify the police within 24 hours of the accident if you want to claim for compensation.
If the accident was partly your fault, for example you were drunk at the time, the amount you get paid might be reduced – or, you might be excluded from claiming at all6. For information on how to claim, see: How to make a claim. For more information on compensation for car accidents generally, see our page on Car accidents and crashes in the NT. |
All drivers in the Northern Territory can be compensated for death or injury under the Motor Accidents Compensation Scheme (MAC) if you’re driving a registered car, even if the accident was your fault. So, if you were injured on your way to or from work, you should make a claim with MAC: Making a claim.
However, there might be some cases where the claim should be made with NT WorkSafe instead – for example, if you are driving to work on a call out. For more examples, and further information, see MACs webpage: Guidelines for the settling of journey claims.
If in doubt about where to claim compensation, contact us here for free legal advice.
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