If you operate a vehicle as part of your work in Nova Scotia \u2014 whether you\u2019re behind the wheel of a delivery van, company car, or even your own vehicle for business errands \u2014 it is important to know what happens if you\u2019re involved in an accident. <\/p>\n\n\n\n
The answer depends on a number of factors, including who owns the vehicle, the type of insurance in place, and the circumstances of the accident.<\/p>\n\n\n\n
This blog post will address these issues, and look at how liability is determined, whether workers\u2019 compensation applies, the impact on your personal insurance, and steps you should take to protect your rights.<\/p>\n\n\n\n
First, you need to determine if you were engaged in an activity considered to be within the \u201cscope\u201d of your employment when the accident occurred. This can include activities such as running errands or making deliveries for work, driving between work sites or locations of clients, or operating a company vehicle while you are working a shift. <\/p>\n\n\n\n
If your accident occurred during an activity within the scope of your employment, your employer may be \u201cvicariously liable\u201d for the accident. Vicarious liability means that one party can be held responsible for the actions of another party. Therefore, the employer is responsible for the employees\u2019 actions when within the scope of their employment. In these types of cases, the employer\u2019s insurance typically covers any damages and injuries because of the accident.<\/p>\n\n\n\n
If the accident involved negligence on behalf of your employer, such as poor vehicle maintenance or a lack of driver training, your employer could be found independently liable. <\/p>\n\n\n\n
But what if you\u2019re using your work vehicle for personal errands? Just because an accident occurred during the workday doesn\u2019t mean it was within the scope of employment. Examples of non-work-related activities include using the vehicle for personal errands, going to and from work, or using the vehicle without permission of the employer. Here, your personal auto insurance may be on the hook.<\/p>\n\n\n\n
What if you are using your personal vehicle for work-related activities? It is possible you may need to file a claim with both your personal insurance and workers\u2019 compensation. If your employer is requesting you to use your personal vehicle for work-related activities, they could be on the hook as well. However, if you are using your personal vehicle for work-related activities but haven\u2019t informed your insurer, you may be denied coverage. Most policies don\u2019t cover work-related accidents.<\/p>\n\n\n\n
In Nova Scotia (and across Canada), workers\u2019 compensation insurance provides benefits to employees who are injured while working, including in motor vehicle accidents. If you\u2019re injured while driving for work, your provincial workers\u2019 compensation scheme may cover your medical care, wage replacement, and rehabilitation. Importantly, these benefits apply whether you were at fault or not. You are required to report an incident within five (5) business days, so make sure to report your accident to the Workers Compensation Board (WCB) right away. <\/p>\n\n\n\n
Depending on the circumstances of the accident, both insurance and workers\u2019 compensation might apply. However, you cannot get insurance coverage and workers' compensation for the same loss. If you have Workers\u2019 Compensation coverage, even if you choose not to access those benefits, you will not be eligible for Section B benefits<\/a>. For more details, see our guide on \u201cSection B Benefits Halifax<\/a>\u201d.<\/p>\n\n\n\n If someone else caused the accident, you can file a claim against the third party for additional damages. However, if you receive compensation from the third party, it may affect your workers\u2019 compensation benefits. It is best to talk with a legal professional to decide your preferred option before proceeding. <\/p>\n\n\n\n This depends on whether you were at fault or not. <\/p>\n\n\n\n If you\u2019ve gotten into an accident while driving a company vehicle, it will typically be reported under your employer\u2019s insurance. However, the incident can still appear on your personal driving record, especially if you were the driver at fault. <\/p>\n\n\n\n How much it could affect your personal car insurance depends on your claims\u2019 history and the nature of the accident itself. If you were not at fault, the impact should be minimal. We\u2019ve outlined those details and more in our blog: \u201cHow long do accidents stay on insurance<\/a>?\u201d.<\/p>\n\n\n\n If an accident occurs while using your own vehicle for work purposes without your insurer knowing, you may find yourself without coverage after the accident. Most personal auto policies exclude business use unless specifically endorsed. This is why it\u2019s crucial to disclose all uses of your vehicle to your insurer.<\/p>\n\n\n\n Like any other motor vehicle accident, if you are involved in a work vehicle accident, the safety of those involved is the priority. Here are some helpful steps to follow for safety and to ensure you have proper documentation for a claim:<\/p>\n\n\n\n Injuries and insurance disputes are challenging, but you don\u2019t have to navigate the aftermath of a work vehicle accident alone. To ensure your rights are being protected, it\u2019s always a wise decision to consult a\u00a0personal injury lawyer NS<\/a>. One of our experienced team members, Loreatha Boehner<\/a>, has helped many Nova Scotians navigate complex vehicle accident and workplace injury claims with compassion and expertise.<\/p>\n\n\n\n At Wagners, our motor vehicle accident attorneys<\/a> have decades of experience helping Nova Scotians after work vehicle accidents. We fight to secure fair compensation and protect your rights, and we can help you understand your legal options and ensure you\u2019re not left paying out of pocket for someone else\u2019s mistake.<\/p>\n\n\n\n Let\u2019s look at a few typical scenarios you may find yourself in:<\/p>\n\n\n\n As we\u2019ve outlined, work vehicle accidents can have serious consequences on your health, finances, and insurance. To protect yourself, always inform your insurer if you use your personal vehicle for work, and make sure your employer has the proper insurance coverage in place. <\/p>\n\n\n\nWill It Affect Your Personal Car Insurance?<\/h2>\n\n\n\n
Steps to Take After a Work Vehicle Accident<\/h2>\n\n\n\n
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When to Speak with a Personal Injury Lawyer<\/h2>\n\n\n\n
Common Scenarios and How They\u2019re Handled in Nova Scotia<\/h2>\n\n\n\n
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Protecting Your Rights After a Work-Related Collision<\/h2>\n\n\n\n