If you operate a vehicle as part of your work in Nova Scotia — whether you’re behind the wheel of a delivery van, company car, or even your own vehicle for business errands — it is important to know what happens if you’re involved in an accident.
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.
This blog post will address these issues, and look at how liability is determined, whether workers’ compensation applies, the impact on your personal insurance, and steps you should take to protect your rights.
Determining Liability Between You, Your Employer, or Someone Else
First, you need to determine if you were engaged in an activity considered to be within the “scope” 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.
If your accident occurred during an activity within the scope of your employment, your employer may be “vicariously liable” 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’ actions when within the scope of their employment. In these types of cases, the employer’s insurance typically covers any damages and injuries because of the accident.
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.
But what if you’re using your work vehicle for personal errands? Just because an accident occurred during the workday doesn’t 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.
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’ 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’t informed your insurer, you may be denied coverage. Most policies don’t cover work-related accidents.
Does Workers’ Compensation Apply After a Work-Related Crash?
In Nova Scotia (and across Canada), workers’ compensation insurance provides benefits to employees who are injured while working, including in motor vehicle accidents. If you’re injured while driving for work, your provincial workers’ 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.
Depending on the circumstances of the accident, both insurance and workers’ compensation might apply. However, you cannot get insurance coverage and workers’ compensation for the same loss. If you have Workers’ Compensation coverage, even if you choose not to access those benefits, you will not be eligible for Section B benefits. For more details, see our guide on “Section B Benefits Halifax”.
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’ compensation benefits. It is best to talk with a legal professional to decide your preferred option before proceeding.
Will It Affect Your Personal Car Insurance?
This depends on whether you were at fault or not.
If you’ve gotten into an accident while driving a company vehicle, it will typically be reported under your employer’s insurance. However, the incident can still appear on your personal driving record, especially if you were the driver at fault.
How much it could affect your personal car insurance depends on your claims’ history and the nature of the accident itself. If you were not at fault, the impact should be minimal. We’ve outlined those details and more in our blog: “How long do accidents stay on insurance?”.
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’s crucial to disclose all uses of your vehicle to your insurer.
Steps to Take After a Work Vehicle Accident
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:
- Check that you and any passengers are safe.
- Contact emergency services (police or ambulance) if there are injuries or significant damage.
- Document the scene as much as possible; take photos of your vehicle or injuries and exchange details with the other driver(s).
- Notify your employer and insurance provider as soon as possible (and track any time missed due to injuries)
- Seek medical attention even if your injuries seem minor.
- File a workers’ compensation claim if you are injured while working.
- Speak to an accident lawyer to better understand your rights.
When to Speak with a Personal Injury Lawyer
Injuries and insurance disputes are challenging, but you don’t have to navigate the aftermath of a work vehicle accident alone. To ensure your rights are being protected, it’s always a wise decision to consult a personal injury lawyer NS. One of our experienced team members, Loreatha Boehner, has helped many Nova Scotians navigate complex vehicle accident and workplace injury claims with compassion and expertise.
At Wagners, our motor vehicle accident attorneys 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’re not left paying out of pocket for someone else’s mistake.
Common Scenarios and How They’re Handled in Nova Scotia
Let’s look at a few typical scenarios you may find yourself in:
- You’re driving a company vehicle and the accident is your fault: Your employer’s commercial insurance should respond, but the accident may still appear on your driving record. This could potentially affect your personal insurance premiums.
- You’re driving your personal vehicle for work and your insurer knows about it: Your personal insurance may cover the accident, but claims related to business use could increase your premiums and may not be covered.
- You’re driving your personal vehicle for work without your insurer knowing: Your insurance claim could be denied, leaving you personally liable for damages. Your employer could also be liable if they required you to use your vehicle for work without acquiring the proper coverage.
- If your accident happened outside Halifax: For example, in a smaller town like Bridgwater you may benefit from speaking with an accident lawyer in Bridgewater who understands the local legal process and regional insurance policies.
Protecting Your Rights After a Work-Related Collision
As we’ve 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.
If you do find yourself in the unfortunate situation of a work vehicle accident, remember to follow all required reporting steps. And if you’re unsure about your coverage or your rights, don’t hesitate to contact Wagners Law Firm for a confidential consultation with a personal injury lawyer.