What Happens When You Get in an Accident in a Company Vehicle?

Being involved in any type of car accident can be stressful and confusing about what to do next. Things become even more complicated when a company vehicle is involved. There are unique legal and insurance complexities, such as employee and employer liability, multiple insurance policies, and workers’ compensation claims. 

If you were hit by a company vehicle or were responsible for the accident, our guide can help you better understand the legal processes involved. At Jack Bernstein, Injury Attorneys, our experienced Tampa car accident lawyers are here to help. 

What To Do Immediately After a Company Vehicle Accident

The steps to take after a company car accident in Florida are:

• Check for injuries.
• Call 911, report the accident, and request medical help if needed.
• Move the vehicles off the road, if it is safe to do so.
• Seek medical treatment to satisfy Florida’s PIP 14-day rule.
• Notify your employer of the accident and follow the company vehicle accident procedure.
• Exchange information with the other driver.
• Obtain contact information for witnesses.
• Document everything by taking pictures and videos .
• Note any vital details, like weather or road conditions, time of day, location, or traffic cams.
• Never admit fault.
• Only provide factual statements to the police.
• Notify the relevant insurance companies.
• Speak to a company vehicle accident injury lawyer as soon as possible.

Who Is Liable in a Florida Company Car Accident?

Depending on the circumstances of the crash, the employee, the employer, or both, may be liable. 

The “Scope of Employment” Rule (Respondeat Superior)

Is an employer liable for an employee’s car accident? The “Scope of Employment” rule, known as respondeat superior, is used to determine when an employer can be held negligent for an employee’s car crash. 

Florida law generally holds employers responsible for the actions of their employees as long as those actions occurred within the scope of their employment, meaning while they were using the vehicle for work-related tasks, such as making deliveries or running errands for the employer.  

Employer Liability (Vicarious Liability)

Vicarious liability is another vital legal principle related to respondeat superior. It holds that employers are generally liable for any negligent acts committed by their employees as long as those acts occurred while working and within the scope of their employment. 

Florida’s Dangerous Instrumentality Doctrine

Florida’s dangerous instrumentality doctrine is another legal concept applied to cases where a driver causes an accident, but the vehicle is owned by someone else. Usually, the vehicle owner is liable for any damages caused by anyone else operating their vehicle, as long as they had permission to use it. The doctrine holds that the owner does not need to be present or directly involved in the accident. 

Exceptions to Employer Liability

Exceptions to employer liability may include:

• Running personal errands during work hours.
• Unauthorized use of a company vehicle.
• Using a company vehicle for personal purposes, like moving.
• Commuting to and from job sites in most cases.
• Intentional misconduct by the employee, such as driving under the influence or reckless driving.

Independent Contactors

In a company car accident, who is liable when independent contractors are involved is different from employees. Contractors are not direct employees of the company, so liability usually falls to them, not the employer. However, there are exceptions, like they were acting within the scope of their employment contract, conducting a hazardous task, or were negligently hired. 

Who Pays for Damages in an Accident in a Company Vehicle?

In an accident in a company vehicle, who pays is influenced by Florida’s no-fault laws. 

Florida’s No-Fault System and PIP

Florida’s no-fault system requires drivers to have $10,000 in PIP insurance coverage, regardless of who is at fault for the accident. PIP provides coverage for up to 80% of your medical expenses and 60% of your lost wages, with a cap of $10,000. 

So, initially, you would file your medical expenses and any lost wages against your own PIP coverage. However, to be eligible for your PIP coverage benefits, you must seek medical treatment within 14 days of the car accident. Otherwise, your claim can be denied. 

Company’s Commercial Auto Insurance

A company’s commercial auto insurance provides coverage for the employee, regardless of whether they were at fault, as long as they were acting within the scope of their employment. In accidents where the employee is at fault, and the employer is responsible, it also covers any damages that exceed your PIP coverage limits, such as 20% of medical expenses and 40% of lost wages not covered by your PIP insurance.

Additionally, Florida requires all vehicle owners to have a minimum of $10,000 in PDL (property damage liability) coverage. However, most business vehicles will have BIL (bodily injury liability) coverage of $125,000 per person, $250,000 per occurrence, and $50,000 for PDL. 

Employee’s Personal Auto Insurance

An employee’s personal auto insurance wouldn’t come into play unless they were using the company car for personal use, driving under the influence, or driving recklessly. As the victim of a car accident, you can claim losses that exceed your coverage limits by suing the employee’s personal auto insurance when the employer is not responsible. 

Workers’ Compensation Insurance

When an employee is injured in a car accident while driving a company vehicle, their employer’s workers’ compensation insurance would cover their medical expenses and a portion of their lost wages. Workers’ compensation is not fault-based, so it does not matter who caused the accident. 

The employee must file a claim against workers’ comp within 30 days of the accident to be eligible for coverage. However, to qualify for workers’ compensation, the employee must have been performing their job duties within the scope of their employment. 

Some other things to know about workers’ compensation insurance and car accidents:

• If the other driver was at fault, workers’ comp has subrogation rights, meaning they can seek reimbursement for any settlement or judgment the employee receives. 
• Workers’ compensation benefits are credited against PIP benefits. So, PIP only pays the difference not covered by workers’ comp.
• PIP coverage can also be used to pay off subrogation rights, up to coverage caps.

Can You Get Fired for Crashing a Company Car in Florida?

You can get fired for a car accident in a company vehicle in Florida in certain situations. It is also important to remember Florida is an “at-will” employment state, which means employers can terminate employees for any reason not prohibited by law. Other factors that could influence termination include:

• Negligent driving, such as distracted driving or driving under the influence.
• Reckless driving.
• Violating company vehicle policy.
• The severity of the accident.
• Prior driving and accident history.

Generally, minor accidents do not result in termination, but the decision is always at the employer’s discretion and based on their company policies. 

What If the Accident Was Your Fault?

As an employee, if you were at fault for the car crash and were within the scope of your employment, then your employer is usually liable. They cannot make you pay any deductibles unless it is part of your employment contract or part of a corporate policy. 

You have the right to file for workers’ compensation, regardless of fault. Additionally, your employer could take internal disciplinary action or require you to take a safe driving course before allowing you to drive another company vehicle. 

What If the Accident Wasn’t Your Fault?

You can claim PIP benefits and workers’ compensation benefits for your injuries from an accident in a work vehicle. Not at fault also entitles you to seek compensation from the responsible party and their insurance company. Your employer and their insurance company may also pursue damages from the at-fault party to cover property damage. 

Just remember, workers’ compensation insurance can seek reimbursement out of any settlement you receive. However, you can use your PIP benefits to help offset the amount you need to repay them. 

Your Rights and Settlement Options If Hit By a Company Vehicle in Florida

If you are hit by a company vehicle, it is vital to identify the liable parties, which could include the driver, their employer, or both. Initially, you will file a claim against your PIP insurance and then file a claim against the at-fault driver and their employer. 

In order to qualify for non-economic damages like pain and suffering, you must meet Florida’s “serious injury threshold,” which means your injuries are not just minor, but serious, such as:

• Spinal cord injuries
• Injuries requiring surgery
• Paralysis
• Permanent loss of a limb or bodily functions
• Disfigurement and scarring
• TBIs (traumatic brain injuries)

A hit by a company vehicle settlement could either be a lump-sum one-time payment or a structured settlement where you receive periodic payments for a set period. 

Types of Damages You Can Recover

You can seek economic and non-economic damages as long as you meet the “serious injury threshold,” including:

• Past and future medical bills.
• Current and future lost wages.
• Personal property damage.
• Emotional distress.
• Pain and suffering.
• Loss of enjoyment.

Settlement Factors

Settlement amounts will vary based on the severity of your injuries, extent of liability, and coverage limits. Additionally, the extent of your losses and the permanency of your injuries are taken into consideration. 

Florida’s Comparative Negligence Rule

Florida laws allow victims of car accidents to still seek compensation as long as they are less than 50% at fault. However, the total settlement is reduced by the percentage the victim was at fault. 

Statute of Limitations

Florida has a two-year statute of limitations for filing a car accident injury claim that begins at the time of the accident. 

Why You Need an Experienced Tampa Car Accident Lawyer

You need an experienced Tampa car accident lawyer after a company vehicle accident to help navigate the complexities and the do’s and don’ts of car accident insurance claims in Tampa, Florida, such as:

• Determining the scope of employment.
• Determining fault and negligence.
• Dealing with multiple insurance companies.
• Dealing with corporate insurance companies.
• Proving serious injuries for non-economic damages.
• Navigating workers’ compensation liens.
• Maximizing and receiving a fair settlement.
• Ensuring a settlement under comparative negligence.

After being injured in a company vehicle car accident, don’t navigate the insurance claims and settlement process alone. Get a free consultation from the experienced Tampa car accident attorneys at Jack Bernstein, Injury Attorneys, by calling today. 

FAQ

Sources:

FLA. STAT. § 440.09. (2025).

FLA. STAT. § 627.736. (2025).

FLA. STAT. § 627.737. (2025).

FLA. STAT. § 95.11(5). (2025).Nadeau, M. (2024). The Viability of Employer Claims Against At-Will Employees.