For free and confidential legal advice about this topic, please contact us here.
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.
WorkSafe Queensland has provided a guide on how to do this: Make 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. |
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 (or only partially your fault), then you may be able to claim compensation for any injuries using a ‘CTP insurance claim’.
For information on how to claim, see: How to claim. For more information on compensation for car accidents generally, see our page on Car accidents and crashes in Queensland. |
In Queensland, you may be able to claim workers compensation for a car accident that happens on the drive directly between your home and work (so, driving to work or driving home), but the rules are quite specific. To be able to claim, you need to have left ‘without any major delays’, the trip must be directly between your home and work, and you mustn’t have been driving dangerously, or drunk or on drugs.
For more information, see WorkSafe Queensland’s webpage: Injury travelling to, from or for work. You can also contact us here to get free advice if you’ve been in a car accident travelling to or from work.
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