If you have suffered an injury in a company car accident in Victoria, you may be entitled to compensation. As highly experienced road accident injury lawyers, Maxiom Injury Lawyers has outlined the key information you need to know to determine your eligibility for making that claim.
Can I make a TAC Claim if I am injured in a company car accident?
Yes, if you were travelling before or after work in a company car, you may make a compensation claim with the Transport Accident Commission (TAC).
In making a no-fault TAC Claim you will have access to medical expenses, loss of income and a lump sum of impairment benefits.
If you have suffered a serious injury, you may be eligible to claim common law damages for your loss of earning capacity, and/or pain and suffering.
To discuss your injuries and the specific circumstances of your accident, speak with one of our road accident lawyers today.
Who is responsible for the injury?
The TAC is responsible for any injury which is sustained in a company car if the accident was sustained before or after work.
Who is liable for the damages to the car?
Your Employer is responsible for the actions of the Employee driving the company car. This often means that the damage that occurred as a result of the Employee’s use of the company car is the responsibility of the Employer.
If the Employee is found to be at fault in the car accident, the Employer may be held responsible for the damage caused. This legal concept is known as “vicarious liability.”
On the other hand, if you are an independent contractor driving your own vehicle and you are deemed responsible for a car accident, you will be held personally accountable for any damages arising from the incident.
Do I make a claim with TAC or Workcover for an accident in a company car?
If the accident occurred during your working hours, or during an authorised work trip, then you have the right to make a claim under workers compensation law for any injuries you have sustained from the accident.
If the accident occurred while you were driving the company car outside of working hours, you have the right to make a TAC claim.
Employer duty and Employee responsibilities in the use of a company car
The Employer must ensure that the vehicle complies with health and safety regulations and that the Employee adheres to the company’s code of conduct with respect to the driving of that motor vehicle.
Employer duty
An Employer providing access to a company vehicle for the use of Employee should:
- Ensure company cars are registered and hold current insurance;
- Provide a clear policy and protocol document for the Employee to read and sign which specifically outlines the accepted uses of the company car and expected actions to be taken in the event of a car accident, breakdown or other unforeseen event; and
- Maintain current vehicle logs.
Employers are also required to:
- Record full details and driver’s license information for all Employees who have access to, and permitted use of, company cars; and
- Ensure that the company car is maintained, regularly serviced, has up-to-date log records and contains equipment and supplies in the event of an accident/breakdown.
Employee responsibilities
Employees with access to company cars are expected to:
- Read and sign the Employers company car policy and protocols document;
- Only use the car outside of work hours / for personal use where you have express permission to do so;
- Report incidents to the Employer and the Insurer;
- Maintain the car, ensuring adherence to the car servicing schedule as determined by the manufacturer and/ or Employer; and
- Drive responsibly in accordance with road rules and regulations.
How to make a claim for company car accident
How to file a TAC claim for your company car-related injury is outlined in the following 6 steps:
1. Company car accident occurs
2. Obtain key details from other parties and witnesses, including:
- Full name and address
- Contact phone numbers
- Licence and registration details
- Insurance information
- Vehicle make and model
- Obtain contact details of witnesses, including requesting copies of any photos and/or videos taken.
3. Arrange for necessary Emergency Services teams (Police, Ambulance, Fire) to attend the scene of the accident.
- If not necessary, at a later stage you must:
- Have the injury assessed by a medical professional.
- Contact the police/relevant public transport authority (if the accident occurred on public transport) to report the accident and obtain reports for your insurance claim.
4. Advise your Employer, and if instructed to contact the insurance company and pass on contact details of other parties and witnesses.
5. If the accident occurred during work hours or during an authorised work trip, make a Workcover claim. You will need to complete a claim form and provide the same to your employer. If the accident occurred before or after work hours, you must make a TAC claim (this can be done at a hospital, online or with the assistance of a personal injury lawyer).
6. Contact a Workcover or TAC Claims lawyer for information about your rights and entitlements.
Contact us today
Maxiom Injury Lawyers is recognised as one of Australia’s leading car accident injury lawyers.
Since the firm launched in 2018, Sach Fernando and his team have made a life-changing impact on the lives of close to 2,000 clients who have collectively been awarded over $100 million in compensation (correct as of June 2023).
If you are injured as a result of a company car accident, it is recommended that you call our No Win No Fee lawyers on 1800 85 30 85 to help you start the process of obtaining the compensation you need to recover.
