Many business owners spend their days on the road. Whether it’s a meeting with a client, a visit to a supplier or a trip to a networking event, driving is often simply part of the job. But what if you’re involved in a road traffic accident during working hours? Who is liable? And what about personal injury, loss of income and insurance?
A road traffic accident that occurs during working hours often has more legal and financial consequences than is initially realised. It is particularly important for business owners and employers to know where they stand legally.
When is an accident considered to be work-related?
An accident is considered work-related if it occurs whilst carrying out work. Examples include commuting in a company car, a journey to a client or a delivery on behalf of the company.
Employers have a duty of care towards their employees. This means that, under certain circumstances, an employer may be liable for damage occurring during working hours. For business owners and self-employed individuals, the situation is more nuanced, but important liability issues still apply.
Personal injury and loss of income for business owners
A car accident can result in physical injuries, such as neck pain, broken bones or long-term back problems. Whilst employees are often entitled to continued pay, a business owner may immediately lose out on income.
In the event of personal injury, you may be entitled to, amongst other things:
- Medical expenses
- Travel expenses
- Loss of income
- Help with housework
- Smart Money
Accurately identifying and claiming compensation for these items of damage requires specialist knowledge. Many business owners therefore opt for legal assistance following a road traffic accident to ensure that no item of damage is overlooked.
Is the insurance always adequate?
Business owners often rely on their car insurance or business insurance. However, these policies do not always cover all damages. For example, when liability is disputed or where there is shared fault.
An insurer focuses primarily on the terms and conditions of the policy. A personal injury specialist focuses on securing full compensation. That difference can be significant in financial terms.
Liability of employees
If an employee has an accident during working hours, the employer may be liable. This also applies when an employee uses their own car for business travel.
For business owners with staff, it is therefore important to:
- Establish clear guidelines on business travel
- Take out good insurance policies
- Having a protocol in place for road traffic accidents
Seeking legal advice at an early stage can help to minimise risks and avoid disputes later on.
What should you do following a road traffic accident during working hours?
- Ensure safety and medical assistance
- Collect information from the parties concerned
- Take photos of the situation
- Report the accident to your insurer
- Make a note that the accident occurred during working hours
- Have your legal position assessed before agreeing to a proposal
Many business owners are too quick to sign an accident report form or agree to a settlement, even though the full extent of an injury may not become clear until weeks later.
Avoid financial and legal surprises
A road traffic accident during working hours can have implications not only for financial loss, but also for liability, income security and the continuity of your business. A thorough assessment of your situation will ensure that you do not miss out on any entitlements.
Would you like to know where you stand legally? Please feel free to contact us for an assessment of your situation.
