For free and confidential legal advice about this topic, please contact us here.
The information on this page is all about car accidents at work, either in your own personal car or in a work car.
Safety is the priority – yours, and anyone else involved in the accident. Before you do anything else, make sure you stop, assist if safe, seek medical attention, and report to the police if necessary. For more information on what to do in a car crash generally, see our page on car accidents and crashes.
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I was driving for work and caused a car accident. What do I do first?
The car accident was my fault. Do I have to pay, or does my boss?
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:
- the accident involved your ‘serious or wilful misconduct’ (like drink driving).
- you were using the work car for something that wasn’t for work, like going away for a trip or picking friends up.
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.
What if I was in my own car?
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.
The car accident wasn’t my fault. Who has to pay for the damage?
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.
I’ve been injured in a car accident at work – can I get compensation?
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? | 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.
Return to Work SA has provided a guide on how to do this: Report an injury or make a claim. If the injury was caused through serious and wilful misconduct (e.g., drink driving), or it didn’t occur in the course of work, you may not be eligible for workers compensation. |
If you were injured in a car accident and were under 16 at the time of an accident, you can make a ‘children’s claim’ which, if accepted, will mean all necessary and reasonable treatment and care will be paid for by the CTP Scheme in SA, regardless of who the driver was and who was responsible.
For further information, see the CTP Insurance Regulator factsheet – CTP claims for children injured in motor vehicle accidents. |
When South Australian motorists pay their vehicle registration, they also pay for something called CTP (Compulsory Third Party) insurance premium, which means every South Australian who is driving a registered car and injured in a car accident can receive money to help pay for medical treatment, like ambulances, hospital visits and temporary loss of income allowance.
For information on how to claim, see Lodge your claim. This claim must be made within six months of the accident. This compensation is for injuries only – not damage to the car and is not available for drivers who were entirely at fault. For more information on compensation for car accidents generally, see our page on Car Accidents and Crashes in South Australia. |
I was in a car accident on my way to work, or on my way home from work. Does my boss have to pay, or do I?
Generally, in South Australia, 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.
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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Date Published
July 30, 2024Last Updated
September 2, 2024References
- Return to Work Act 2014 (SA)
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