By Fern Easton. Last Updated 22nd February 2021. Welcome to our guide on company car accident claims. On this page, you will find a detailed guide to using a personal injury solicitor to process a personal injury claim for an accident in a company car. We will cover many of the legal considerations of making such a claim and also many of the reasons a claimant may need to make a claim.
If you have had a car accident in a company vehicle, and you believe you have a valid reason to make a compensation claim, then please speak to a member of our claims team on 0800 073 8801. A claim advisor will answer any questions you have and let you know whether your claim could be valid or not.
Select A Section:
- A Guide To Claims For An Accident In A Company Car
- What Is An Accident In A Company Car?
- Common Causes Of Road Traffic Accidents
- Risks Of Driving Company Cars And Work-Related Driving
- Company Car And Fleet Car Risk Assessments
- Accidents In A Company Car Caused By A Lack Of Maintenance
- Whiplash Accidents In A Company Car
- Company Car Accident Claims Against Untraced Or Uninsured Drivers
- Steps To Take If Involved In An Accident In A Company Car
- Accident In A Company Car Injury Claims Calculator
- What Are Special Damages And What Could I Claim?
- No Win No Fee Claims For An Accident In A Company Car
- How Our Car Accident Claims Team Could Help You
- Start Your Claim For An Accident In A Company Car
- Essential Resources
A Guide To Claims For An Accident In A Company Car
This guide to making a compensation claim for a company car accident should contain everything you need to know about making a claim, leaving you in a better position to begin making educated decisions about your own claim. We will attempt to answer questions such as if I am injured in an accident in a company car, who pays? And others in this guide.
As long as you are still within the personal injury claims time limit, then this guide should be of use to you. We begin this guide by looking at just what a company car accident is and why you may need to make a claim.
We will cover some of the main causes of Road Traffic Accidents (RTA) and the risks involved in driving a company vehicle for work. We take a look at the responsibility that the company has related to risk assessments and also how a lack of maintenance can lead to an accident. You will find a section about whiplash claims, which are a very common RTA claim, and also the role that the Motor Insurers Bureau (MIB) has when it comes to accidents involving uninsured drivers or hit and run drivers.
In the last part of this guide, we will look at some of the aspects of the claim itself. We give some steps that you can take to prepare for making your claim. We have not included a personal injury claims calculator on this page. Instead, we have included a table that shows possible compensation ranges for a number of different kinds of injuries. You will also find a list of common types of damages you could receive as part of your compensation settlement. Finally, we introduce our main service offering. We can arrange for a solicitor to process your claim for you under a Conditional Fee Agreement (CFA). This means you have nothing to pay unless your claim is successful. For more information about this, or to have any questions answered, please call our claims team on the phone number near the end of the page.
What Is An Accident In A Company Car?
A road traffic accident is a very common kind of accident in the UK each year. However, if you are involved in an accident in a company vehicle, the situation is a little different than if you had been driving a private vehicle. This is because the company and also any fleet management firm involved in supplying the company vehicle may be liable for causing the accident. In a private claim, you would generally not be able to claim for an accident caused by a vehicle malfunction due to insufficient maintenance. When driving a company car, the possibility to claim in such circumstances opens up.
In effect, whenever you are injured in an RTA driving a company car, and a third part was to blame, even partially, for causing the accident, then you could have a valid reason to claim compensation. If you would like to have your claim evaluated, speak to one of our claim advisors today.
Common Causes Of Road Traffic Accidents
According to a report published by the Department of Transport, there were 153,158 injuries caused by RTA in the UK in 2019. Some of the most frequently seen cause of road traffic accidents include:
- Dangerous driving, such as speeding or racing.
- Driving while distracted, for example, a driver using their phone and not paying attention.
- Driving under the influence of alcohol or drugs (recreational or medicinal).
- Static hazards such as damaged roads, broken down vehicles, etc.
- Faulty vehicles, such as ineffective breaks.
When they are involved in an accident in a company vehicle, UK residents could be able to claim, no matter how the accident was caused, as long as a third party was to blame for the harm they suffered.
Risks Of Driving Company Cars And Work-Related Driving
Consider for a moment that up to a third of all road traffic accidents involve someone who is at work at the time. There are a number of reasons for this, including:
- Driving while fatigued.
- Exposure to time pressure.
- The performance of the vehicle.
- Driving whilst stressed.
- Aggressive driving and taking risks.
People who are driving as part of their work often drive differently than private drivers. They may need to stick to a tight schedule whilst under work-related stress, causing them to take more risks. It should be noted that the company car accident claim payouts by the company’s insurer may not include financial aid for the victim. This leaves the driver at an even greater level of risk.
Company Car And Fleet Car Risk Assessments
If you have had an accident in a company car, it may be that your employer was to blame for not fulfilling their legal obligations related to keeping their workforce safe. Your employer cannot influence the hazards that you face whilst driving, but they can take some steps to keep you as safe as possible.
For example, your employer should track your driving hours and ensure that you are not attempting to drive too much for work, which could lead you to drive whilst tired. This would need to take into account not only the hours you are driving but also the rest of the hours you are working. Taking the total of the two to measure your potential level of fatigue.
The Health & Safety Executive provides some excellent resources for helping every company of fleet management firm to assess the risks that their workforce is under. This kind of risk assessment is part of the responsibilities of your employer.
Accidents In A Company Car Caused By A Lack Of Maintenance
To answer the question, I had an accident in my company car that was due to it being poorly maintained, can I claim against my employer? Then the answer is yes; you could possibly claim against your employer or the party that provides your company car and is responsible for maintaining it, such as a fleet management firm. Examples of poor maintenance that could cause an accident are:
- Poorly maintained brakes.
- Worn our tires.
- Faulty suspension.
- Inoperable power steering.
Whiplash Accidents In A Company Car
According to the Association of British Insurers (ABI), whiplash claims total more than £2 billion in the UK each year. So it should come as no surprise to find out that whiplash is a very common injury for people who have had a crash in a company car.
Whiplash is what is known as a non-specific medical condition, meaning it is diagnosed without knowing what the actual root cause of the condition is. Because of this, whiplash has been used as the basis for fraudulent claims in the past. As part of your claim, you will undergo a medical examination to prove your injuries. You can find some excellent information about this medical condition on the NHS website.
Company Car Accident Claims Against Untraced Or Uninsured Drivers
In this section, we will answer the question, can you claim compensation for a car accident caused by an uninsured driver? At this stage, we need to talk about the Motor Insurers Bureau (MIB). This is a special organisation that administers a pool of funds that can be used to provide accident victims with compensation if they are injured in a hit and run accident or in an accident caused by an uninsured driver.
The funds that the MIB dispenses is contributed from every vehicle insurance premium in the UK. A percentage of all premiums is given to the MIB. Every insurance firm that operates within the UK has to contribute to this fund.
It is possible for a victim to apply to the MIB directly without using the services of a solicitor. However, it is far simpler to use a solicitor to make your claim for you and ensure that no mistakes are made that could jeopardise your claim.
Steps To Take If Involved In An Accident In A Company Car
When it comes to car accident claim payouts, UK citizens can take some steps that will both simplify the process of making a claim and help towards ensuring they get the most amount of compensation possible. These steps could include, but are not limited to:
- If it is safe to do so, take some photographs of the scene of the accident, the cause, and also the other vehicles involved.
- Gather the details of all people involved in the accident, including name, address, vehicle licence plate, etc.
- If there were any witnesses when the accident happened, collect their names and addresses to they can be called upon as witnesses if needed at a later stage.
- Consider calling the police to the scene of the accident if they do not arrive on their own.
- Inform your employer of the accident, and make sure that you follow the correct procedure for reporting a work-related accident.
- Visit the hospital to have your injuries treated, as this will ensure an official record of how they were caused and how bad they were is kept.
- Begin to keep a documented record of any financial losses you suffer due to the accident or your injuries. Keep receipts, invoices, bills, etc.
- Undergo an impartial medical examination that will prove the extent of your injuries and give a prognosis on recovery and whether there will be any long-term or lasting disability.
Taking steps such as these will provide your solicitor with everything that they need to pursue your claim for you. If you need some advice about the kinds of evidence you should gather, please speak to our claims team.
Accident In A Company Car Injury Claims Calculator
It is very difficult to give a figure for the average compensation for a car accident in the UK. This is because each claim has its own specific circumstances and is unique in some way. You might be able to use a car accident claims calculator to get a rough idea of how much you could be able to claim in compensation. You can also check the table below, which shows possible compensation ranges for different kinds of injuries.
|Type of Injury?||How Severe?||Compensation||Information|
|Injured back||Moderate to severe||£36,390 to £151,070||In the worst case, the injuries would leave the victim with some form of disability. Also included in this category are the most severe fractures (compound, multiple, etc.) and soft tissue injuries such as longer-term sprains and spinal, and also damage to the spinal cord or spinal nerves.|
|Minor||Up to £11,730||Ranging from simple cuts and bruises, less serious strains, sprains, disc prolapses, soft tissue injuries, or fracture injuries with recover without surgery.|
|Injured neck||Severe||£36,120 to £139,210||In the worst case, the injuries would leave the victim with some form of disability. As well as all injuries for which the symptoms cannot be mitigated by wearing a 24/7 neck brace. Also included in this category are the most severe fractures (compound, multiple, etc.) and soft tissue injuries such as longer-term sprains and spinal, and also damage to the spinal cord or spinal nerves.|
|Minor to moderate||Up to £36,120||Ranging from simple cuts and cruises, as well as burns, through minor fractures, dislocated vertebrae, sprains and strains, and all injuries that will be healed completely within 6 months. Including existing conditions that have been made worse by a fresh injury.|
|Injured head/brain||Minor||£2,070 to £11,980||Head injuries that will have a minimal effect on the cognitive ability of the victim. Injuries are evaluated based on severity, recovery time, continuing symptoms and whether the victim suffers ongoing headaches.|
|Less severe||£14,380 to £40,410||The victim will have made a good recovery, and returned to their work and social life. Cognitive function may be slightly impaired, including concentration, memory or mood. This would also include injuries that caused epilepsy.|
|Moderate||£40,410 to £205,580||Where there has been a loss of cognitive function and intelligence, personality change, loss of sight, loss of speech, etc. The victim may be suffering from epilepsy and would have had their ability to work greatly reduced.|
|Moderate to severe||£205,580 to £264,650||The victim will be seriously disabled. This will mean a significant dependency on others. Disabilities could include paralysis of a limb, impaired intellect, change of personality, mood disorders, blindness, etc. Injuries are evaluated on the degree of insight, life expectancy, the extent of physical limitations, degree of dependence, communicative ability, and extent of epilepsy or behaviour problems.|
|Very severe||£264,650 to £379,100||The victim is in an almost vegetative state, with only minor reflexes of posture movement, regular sleep patterns, the ability to open eyes and to follow simple orders. There will be no evidence of comprehension of the environment and almost no language function. Full dependence and double incontinence, requiring full-time nursing. Injuries are evaluated on degree of insight, life expectancy, the extent of physical limitations, need for gastronomy feeding, loss of senses, ability to communicate, and epilepsy.|
If you have been involved in a car crash, and you want a more accurate estimate of how much compensation you could be able to claim, then please speak to one of our claim advisors. They can arrange for a personal injury lawyer to value your claim for you more accurately.
What Are Special Damages And What Could I Claim?
When personal injury claims are successful, the claimant will either be offered a settlement by the defendant (in the case of out of court settlements), or they will be awarded a settlement by the court. The overall amount of compensation won will comprise of potentially several different kinds of damages.
Special damages – for financial and other ad-hoc losses:
- Travel costs – to reimburse you for out of pocket travel expenses to deal with your claim, or to have your injuries treated.
- The cost of care – if you had to employ a nurse to care for you at home.
- Private medical fees – if you paid for some of your treatment, physiotherapy, for example.
- Lost income – if you missed our on your salary/wages in full or partially because you had to take time off work while you healed.
- Lowered future prospects – if your injuries will leave you with a rescued capacity for work in the future, either in the long-term or permanently. Or even if you can no longer work at all.
General damages – for physical harm, pain and suffering:
- Pain and suffering – that the claimant went through at the time of the accident.
- Shock and trauma – that the claimant went through at the time of the accident.
- Psychological damaged – this would include conditions such as depression, anxiety, post-traumatic stress disorders and any new phobias.
- Painful recovery – if the claimant will take some time to recuperate and will require painful or traumatic treatment.
- Permanent disability – if the claimant will never fully heal and will suffer some form of impairment such as loss of mobility, paralysis, loss of a limb, etc.
- Loss of life quality – if in the future, the claimant’s life will be negatively impacted by their condition.
No Win No Fee Claims For An Accident In A Company Car
We can organise for a solicitor to process your claim under a No Win No Fee agreement. This would mitigate many of the financial risks that are often associated with making a compensation claim, as you pay nothing until your claim has been successful, thus:
- No new claims fee when the solicitor begins working on your claim.
- No ongoing fees during the time it takes for the solicitor to process your claim.
- No fee at all if the solicitor doesn’t manage to get you any compensation.
You will only be expected to pay your legal costs when the solicitor has received a compensation payment for you. When this happens, the solicitor will take their pre-agreed fee from the money received, and you will be given what is left over. If you have any questions about what a No Win No Fee agreement is or how it works, please call our claims team today, who will explain everything to you.
How Our Car Accident Claims Team Could Help You
If you have been injured in a company car crash, we could be able to help you get any compensation you could be entitled to. All of our solicitors are experienced accident and injury lawyers. They are familiar with the process of processing personal injury claims and will do all they can to ensure you are awarded the highest level of compensation possible.
Start Your Claim For An Accident In A Company Car
Do you need help and advice about suing a company for a car accident? Or maybe you have questions such as, “I had an accident in a company car. Can I claim against my employer?”. No matter what questions you need answers for, one of our claims team will be happy to help you. You can contact them on 0800 073 8801. A claim advisor will talk through your claim with you and then provide you with some free legal advice on what your next steps should be.
Company car accident claims- FAQs
Who is responsible for insuring a company car?
If you’re given a company car to use for work purposes, even if you’re the only person who has access to it, the car doesn’t belong to you and so it isn’t your responsibility to keep it insured. Your employer has a responsibility to make sure that your company car is fully insured for you to drive.
How much should I ask for pain and suffering from a car accident?
There’s no one right answer as to how much you’ll be paid for pain and suffering following a car accident. The amount that you receive will depend on the kind of injuries you’ve sustained, from how severe they are to how long they’ll likely affect you. As well as payment for your injuries, you’ll also receive special damages which will compensate you for any expenses as a result of your injuries. This can include things like travel expenses or money you’ve had to pay for treatment.
When is an employee classed as “driving at work” in a company car?
Even if you’ve been given a company car that you’re able to use for personal use, too, the Health and Safety Executive doesn’t class commuting to or from work as taking part of your working day. This means that the employer doesn’t have a duty of care for these times.
If your job requires driving, such as a logistics company, then any time that you spend driving while on the clock your employer will have a duty of care to you. Similarly, you’re classed as driving for work if you’re travelling somewhere for work that isn’t your usual workplace, like a building site or another office.
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Article by Mac
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