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Company Car Accidents – Can I Claim Compensation?

By Cat Way. Last Updated 28th June 2023. Welcome to our company car accident claims guide. Some people believe that if they are injured whilst in a company car, they would not be able to claim compensation. In fact, employees driving company cars are just as eligible to claim compensation as an employee driving their own vehicle for work. It makes no difference that the claimant doesn’t own the car. They could still claim company car compensation.

This is because, when seeking compensation for an employee car accident, it doesn’t matter what vehicle you’re driving. The important thing about claiming compensation for incidents like this is proving that your injury was caused by third-party negligence. 

Our guide will help you through what goes into a company car accident claim. It will answer questions, such as “if I’ve suffered an accident in a work vehicle, who pays?” and “if I’m involved in a company car accident, will my employer be charging employees for vehicle damage?”

To learn more, you can call our team of advisors using 0800 073 8804. Alternatively, if you prefer, you can contact us through our website or send us your query using the Live chat window now on your screen. 

Please continue reading to learn more about claiming for an employee car accident.

Select a section:

What is a company car-related road accident?

Company car accident

Company car accident

If you have use of a company car that you use to carry out your work, travel to and from appointments or that you use to get to work and back home, then your employer should have you down on the company insurance. A company car-related road accident is if you are involved in an accident whilst driving the company car.

If the accident is due to another person’s negligence, and you are injured as a result, then you can claim company car compensation, even though the car does not belong to you. We could help you with this as we have years of experience and a great track record of making successful claims.

But what if the other driver is uninsured or cannot be traced?

When it’s found that the other driver liable for the accident is not insured, or they cannot be traced after the accident, you can still claim compensation, but it needs to go through the Motor Insurer’s Bureau (MIB). Read more on MIB compensation here.

Although you can apply to the MIB for compensation directly without the help of a personal injury solicitor, it is advised to at least get some legal advice so that you are fully aware and understanding of the circumstances of your claim to make it successful. Please give us a call, and we can give you a free consultation to discuss your company car accident claims.

If you’ve been involved in an employee car accident, you may also require medical assistance. A doctor or medical professional should fully assess your injuries so that they can recommend the best form of treatment. We will go into more detail about this below.

What to do if you are involved in a company car road accident

If you are unfortunately in a company car road accident, there are a few things you should try to get initially that can support your case if you need to make a compensation claim.

  • Medical Report – First and foremost, get any injuries you have sustained due to the accident checked by a doctor to ensure you receive the treatment you need. Apart from the fact that it’s important to do this for your health’s sake, you will also have a medical record documenting your injuries, their severity and future effects and treatment required, which gives proof for your claim.
  • Witnesses – It is a good idea to get contact details from witnesses who can back you up with your claim.
  • Vehicle & Driver Details – Make a note of the other driver’s contact details, insurance details etc. Also, make a note of their vehicle registration details too.
  • Photos – If you can take some photos of the aftermath of your accident, it may help prove who was at fault. Also, take some photos of your injuries, so you have proof of the pain and suffering you experience due to the accident.
  • Proof of Expenses – Keep any receipts or other proof of expenses that you may incur as a direct result of the accident. Depending on the expenses, this could greatly increase the amount of compensation you could receive from an accident while driving for work.
  • Write it down – Write everything down that you can remember about the accident, including the minutes leading up to it.

How to begin a company car-related road accident claim

Employees driving company vehicles that need to claim compensation when involved in company car road accidents may find it quite overwhelming to begin the claim. The employer often takes charge of the insurance claim as you should be covered by company insurance, but claiming this without any legal experience can be complicated. By using a personal injury claims firm such as ours, it needn’t be.

We will offer you a free consultation, which gives us some time to get as much information about your case as possible to start building a strong case for claiming compensation. Also, during the free consultation, you can ask us as many questions as you want regarding making your company car accident claim so that you feel more comfortable with the whole process.

Once we have all the facts we need and are positive that you have a case and are happy to continue, we will start your company car compensation claim. All of our highly experienced personal claims solicitors work on a No Win No Fee basis, and so you only pay legal fees if and when your case is a success.

Sometimes a local medical is necessary, which is at no cost to you. We arrange this for you at a local clinic that is convenient to you. However, we can discuss this in more detail during your free consultation if you have any questions about company car accident claims.

This section also answers questions, such as “If you’ve suffered an accident in a work vehicle, who pays?” Due to using a company car, your company should have you insured for car accidents that were caused by another road user’s negligence. Therefore, your company’s insurer would contact the negligent third-party’s insurer to make the claim on your behalf.

Company car-related road accident at work claims

All employees driving company vehicles should undergo a driving at work risk assessment to firstly ensure that they are competent drivers, so they don’t pose any unnecessary risk to themselves or others on the roads, but also to make sure that there are no unnecessary risks involved in the driving task they have been set. Driving continuously without a break is a common reason for work-related road deaths in the UK. So all drivers of company vehicles should also be given a schedule that will show the company car driver’s maximum hours that they are allowed to drive without taking a break by health and safety laws.

If a driver of a company vehicle is in an accident, they can claim compensation. The employer usually handles the insurance claim. Even if the company’s insurance includes legal protection, the employee should seek advice from an independent specialist personal injury solicitor.

Risks of work-related driving

The biggest cause of employment-related fatality, according to the Royal Society for the Prevention of Accidents, is road traffic accidents while at work.

Drivers who drive for work are at an above-average risk of having an accident on the roads compared to the general public. In fact, company car drivers are at 49% more risk of having an accident than ordinary drivers in the UK. In 2016, 40,000 people suffered minor injuries, 5,269 people were seriously injured, and 529 people were killed in road traffic accidents involving drivers driving or riding for work-related reasons.

Some of the reasons for the higher likelihood of having an accident among work drivers may be because there are possibilities of work schedule fatigue, exposure to time pressure, the size of the vehicle engine can be a factor. Furthermore, characteristics such as aggression when under stress due to traffic jams and volume of traffic can be problematic. Also, because the company car or its insurance doesn’t have cover from the driver financially, there is less care and more risk-taking.

Tiredness because of driver’s work schedules can be a large risk factor for company car drivers. Falling asleep at the wheel is a lot more common among drivers who drive for a living than ordinary drivers.

Work-related drivers tend to be higher risk-takers than the average driver on UK roads. They are more likely to drive at inappropriate speeds. Meanwhile, longer distance drivers are more likely to use mobile phones whilst driving. If this is the reason for the employee car accident, you wouldn’t be able to claim. Additionally, in these instances, your employer may be charging employees for vehicle damage, as you would be considered at fault for the accident.

The most common types of company car-related road accidents

  • Tiredness – This can be a major factor in road traffic accidents. In general, it is recommended to take a break when tired. Unfortunately, sometimes drivers ignore the rules/advice, resulting in disaster.
  • Mobile phone use – Although it is now law not to use a mobile phone while driving and if caught results in the driver receiving a hefty fine and points on their license, unfortunately, some drivers choose to ignore this and still use their phone regardless of the risks. Using a mobile phone whilst driving is reckless behaviour and has resulted in many accidents and fatalities on the road.
  • Driver error would include failure to look properly, driving at an unsuitable speed, lack of concentration, and poor judgment. Being in a rush due to deadlines at work increases the likelihood of a company car driver making driver errors, resulting in an accident.
  • Alcohol and drug abuse.
  • Inexperience – New drivers are more at risk of accident as they’re more likely to make driver errors.

Any of these could cause the incident resulting in your company car accident claims.

How Much Could My Claim Be Worth If I Have An Accident In A Company Car?

You may be wondering how much compensation you could receive if you have had an accident in a company car.  Road traffic accident compensation can be split into two heads: general damages and special damages.

Your injuries, including both physical and mental injuries, are covered by general damages. This first head of claim is awarded to every successful claimant. Often, when legal professionals are valuing this head of claim, they will refer to compensation guidelines published in the Judicial College Guidelines (JCG).

In the table we have created below, we have included some of the amounts listed in the 16th edition of the JCG. Please only use this table as a guide.

Edit
Injury Type Severity Compensation Amount Description
Back Severe (i) £85,470 to £151,070 Damage to the spinal cord and nerve roots, causing very serious health consequences not usually associated with back injuries. This can include a significantly impaired bowel and bladder as well as incomplete paralysis.
Back Moderate (i) £26,050 to £36,390 Examples of injuries include a crush/compression fracture of the lumbar vertebrae where there is a substantial risk of osteoarthritis developing, leading to constant discomfort and pain.
Foot Very Severe £78,800 to £102,890 Injuries in this bracket would lead to severe and permanent pain or a very serious, permanent disability.
Leg Very Serious £51,460 to £85,600 Permanent mobility problems are created with the need for mobility aids or crutches required for the remaining portion of the injured person’s life.
Arm Less Severe £18,020 to £36,770 Significant disabilities will be caused. However, recovery of a substantial degree will either be expected or will have taken place.
Ankle Moderate £12,900 to £24,950 Ligamentous tears, fractures and other instances that lead to disabilities such as difficulty standing or walking for longer periods of time or struggling walking on ground that is uneven.
Knee Moderate (i) £13,920 to £24,580 Dislocation, torn meniscus or cartilage causing minor instability, weakness, wasting or other mild future disabilities.
Pelvis and Hip injuries Lesser Injuries (ii) Up to £3,710 Minor soft tissue injuries that lead to a complete recovery.
1+ Whiplash Injuries & 1+ Psychological Injuries N/A £4,345 Symptoms lasting 18-24 months.
1+ Whiplash Injuries N/A £4,215 Symptoms lasting 18-24 months.

Special damages, the second head of claim, addresses the financial losses you experience because of your injuries. For example, this might include lost earnings if your recovery meant an absence from work. However, in order to claim back any expenses under special damages, you may need to provide evidence, such as bank statements or payslips.

This heading could also potentially help you recoup the cost of:

  •   Essential travel.
  •   Childcare.
  •   Domestic help.
  •   Prescriptions.

Our advisors are on hand to help you answer the question, “If I have an accident in a company car, could I claim compensation?” Get in touch today to start your free consultation.

Will The Whiplash Reforms Affect My Claim?

On May 31st 2021, the way some road traffic accident claims are made in England and Wales changed. Now, with the introduction of the Whiplash Reform Programme, drivers or passengers over the age of eighteen with injuries valued at £5,000 or less will make their claims in a different way. 

Your whiplash injuries will be valued in line with the tariffs that have been set out by the Whiplash Injury Regulations 2021. These are fixed amounts, and we have included some of these amounts in the table above. Any other injuries you have suffered that are not covered by this tariff will be valued in the traditional way.

Our advisors can offer more information on whether the Whiplash Reform Programme will affect your claim. Contact our team today to find out more.

No Win No Fee company car road accident claims

All our personal claims solicitors work on a No Win No Fee basis. What this means is that you don’t pay any legal costs until after your claim wins. If your claim isn’t successful, you still don’t pay us anything. And so, you’re not taking any financial risks by claiming us.

Claiming company car compensation can be a long and often complex process. And if you work with a solicitor that you pay by the hour, legal fees could become quite high. Additionally, there is no guarantee that you will receive compensation, potentially leaving you out of pocket. But with No Win No Fee, you haven’t anything to lose as there’s no financial gamble with us. With the extra incentive that our payment relies on a successful claim, we work even harder for your case.

Call for free advice and to start a claim.

If you’re in an accident with a company car and want to make a claim, call 0800 073 8804. A member of our team will answer your call and help you in any way that they can. We will endeavour to answer any questions you have as best and accurately as we possibly can. And we talk you through the claim process, so you know the procedures for making a company car accident claim.

We can also put you through to specialised employee car accident solicitors who could help you receive compensation.

Useful links

Check company car details

This is the government site where you can check or update your company car tax. A car must have tax to drive on the highways legally.

Report company car changes

Here company car drivers can make changes to their car and fuel benefits due to their tax code.

NHS advice on whiplash

Whiplash is a common car accident injury. This link takes you to the NHS site that gives information on the whiplash injury, such as symptoms and treatments.

Our guide to whiplash claims

This link will take you to another of our information guides about whiplash injuries and claiming compensation.

We also have some other guides on car accident claims that you may find useful:

Thank you for reading our company car accident claims guide. To learn more about claiming for an employee car accident, contact us at a time that works for you. We can give you free legal advice and even assess your injuries to see if you can claim.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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