Many employees find it difficult to set boundaries between their professional and personal lives. It can get even more complicated when workers use their personal vehicles for job-related activities.
If you’re in an accident while driving your personal vehicle for work, some immediate questions will come to mind, such as who will pay for your damages and vehicle repairs. The answer to those questions depends on several factors. Our team of Chicago car accident lawyers answer some of those questions below.
With more drivers on the road, work-related crashes are alarmingly common. According to the Network of Employers for Traffic Safety, over 1,800 fatalities and 379,000 work-related motor vehicle injuries occurred in 2018. The same report estimates that work-related crashes cost employers over $72 billion in health benefits, insurance payouts, and other damages.
Your employer may be responsible for some damages in a work-related accident. It ultimately comes down to vicarious liability: in short, your employer is liable if you are an employee working or otherwise serving your employer at the time of the crash.
For this reason, most employers carry liability insurance for injuries an employee could cause to other people in a car accident, often as part of a hired and non-owned auto policy. Property damage to your own personal vehicle, however, is usually not covered by the employer, and you may have to use your own collision coverage to repair your car.
In most cases, your employer can only be liable if you are considered an employee, not an independent contractor. If you are an employee, your employer is most likely vicariously liable for any negligent act you are involved in while on the clock.
If you are an independent contractor, liability gets more complicated, especially if you’re using your personal vehicle for work. In many cases and states, you would be personally responsible for the accident and must file a claim with your insurance company.
Illinois law adds wrinkles that often decide whose insurance actually pays and whether your employer can be held responsible at all. The most common disputes turn on three issues: which auto policy responds first, whether you were inside or outside the scope of employment when the crash happened, and how your share of fault is treated under Illinois comparative negligence.
If you were on a clear work task when the crash happened, the employer’s commercial auto policy or its hired and non-owned auto liability coverage typically responds first for bodily injury you cause to other people. Your personal auto policy then sits in excess of that coverage if the employer’s limits are not enough to cover the damages.
If the crash happened on a personal trip, the order flips. Your personal auto policy pays first, and the employer’s coverage usually does not apply at all. The boundary between the two scenarios is where most disputes start and where insurers fight hardest. Do not give a recorded statement to either insurer before you talk to a lawyer about how to handle car accident insurance claims in Illinois.
Illinois courts apply the longstanding detour and frolic doctrine to decide whether an employee was acting within the scope of employment when a crash occurred. A detour is a minor deviation from a work task, such as a quick coffee stop on the way to a client meeting. Courts generally treat detours as still within the scope of employment, which means the employer can be vicariously liable for the crash.
A frolic is a substantial departure from the assigned work task, like leaving an assigned route to run a personal errand or visit a friend. A frolic typically takes the employee outside the scope of employment, which means the employer is not liable for any crash that happens during the personal trip. The line between a detour and a frolic is fact-specific, and texts, GPS data, time-stamped emails, dispatch logs, and expense reports are often the evidence that decides which side of the line your trip falls on.
Illinois follows a modified comparative negligence rule with a 51% bar. If you are found 50% or less at fault, your recovery is reduced by your share of fault. If you are found 51% or more at fault, you recover nothing.
When you were driving for work, the employer and its insurer often push fault onto you to keep their carrier off the hook. They may also argue you were on a personal frolic when the crash happened, even if the trip started as a work assignment. Both arguments can shrink or wipe out your recovery, which is why early evidence preservation, dispatch records, GPS pings, your work calendar, and expense reports, matters so much.
If you’re at fault for an accident while using your personal vehicle for work, you could lose your job, see higher insurance premiums, or even face a lawsuit from anyone hurt in the crash. Your employer could be held liable for injuries you cause. Still, you may have to file a claim with your personal insurance to recover compensation for property damage such as vehicle repairs.
If you’re not at fault for the accident, it won’t affect either your insurance or your employer’s insurance.
Your employer can only be liable for your accident if you can prove you were on the job when it happened. You’ll have to show the following:
Generally, time spent commuting between work and your home is considered your personal time, and your employer is not responsible for accidents then. Your employer might not be liable if you leave the office for personal errands. However, leaving your workplace to go to another business site could be considered a work-related task.
Rideshare and delivery companies insure their drivers, but the coverage might only apply during certain times, such as if a driver is giving a ride or en route to pick up a passenger or make a delivery.
However, liability for Uber and Lyft accidents, as well as delivery accidents, is further complicated because many companies classify their workers as independent contractors and not employees. This leaves workers personally responsible for the accident in many cases.
If you were on a clear work task when the crash happened, your employer’s auto liability policy (often hired and non-owned auto coverage) usually responds first for injuries to other people, and your personal auto policy sits in excess. If you were on a personal trip, the order flips: your personal policy pays first and the employer’s coverage typically does not apply.
It is the rule Illinois courts use to decide whether you were acting within the scope of employment at the time of a crash. A small deviation from your assigned route, like grabbing coffee on the way to a meeting, is usually a detour and still within scope. A substantial personal departure, like leaving the route to run a personal errand, is a frolic and typically puts you outside the scope of employment.
Yes. Employers and their insurers regularly argue the employee was on a personal frolic to avoid vicarious liability. Dispatch records, GPS data, work calendars, texts, and expense reports often determine the outcome. Preserve that evidence early, and do not give a recorded statement to the employer’s insurer before you speak with a Chicago car accident lawyer.
Yes. Illinois uses a modified comparative negligence rule with a 51% bar. If you are 50% or less at fault, your recovery is reduced by your share of fault. If you are 51% or more at fault, you recover nothing. When an employer argues you were off-duty, that dispute often gets tangled with the comparative-fault dispute, which can significantly reduce the value of your claim.
Navigating the challenge of liability in a car accident case can be challenging. Contact an experienced personal injury lawyer at Staver Accident Injury Lawyers if you were in an accident while using your personal vehicle for work.
An experienced attorney can evaluate the circumstances, discuss your options, and advise you about what to do next. We guarantee your satisfaction, no win, no fee. Reach out online or call 312-236-2900.
When you’re fighting for maximum compensation, we know what it takes to get it.
