Who Is Responsible For A Car Accident At Work Claim?

Car accident at work claims guide

Car accident at work claims guide

The page below contains information on how to make a car accident at work claim. Whether you make a car accident claim against your employer or another road user may depend on the circumstances of the incident. The process of making a personal injury claim for an accident at work or an accident against another road user may also be different with the introduction of the Whiplash Reform Program which we will talk about later on in the guide.

Please consider though, that all claims are at least partially unique. And because of this, we might not answer all of your questions in this short guide. However, we can offer you the services of our claim advisors. They can provide you with any additional answers you need. You can call them on 0161 696 9685. Alternatively, request a call back using our contact form.

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What Are Employee Car Accident At Work Claims?

If you are driving for work, and you have an accident, can you make a car accident at work claim? If you are involved in a car accident while at work depending on your circumstances if the accident was not your fault, you may make a personal injury claim for harm suffered against your employer or another road user.

If the accident was caused because your employer had been negligent. For example, provided you with a vehicle that was not road worthy and due to poor maintenance caused you to suffer a road accident in which you were injured then they would be liable for damages.

If the accident was nothing to do with your employer but was caused by the negligence of another road user then you would claim against them for any injuries suffered.

That said on May 21st 2021 the government introduced The Whiplash Injury Regulations 2021 which brought about a change in how adult drivers and passengers now make a personal injury claim if their injuries are valued at £5000 or below. These claimants would need to use the online portal provided by the government. There is also a set of tariffs that apply in these cases.

Key Regulations

There are a number of bodies of regulations that could apply in a claim for a car accident at work. Below, we have provided some links to those that we think you may need to refer to. Alternatively, our advisors can give you some advice about these regulations.

What Happens If You Have A Car Accident At Work?

Who can make a car accident at work claim? If you are injured in a car accident whether it is a work vehicle or not you can only claim for injuries suffered if the accident was caused by the negligence of a third party.

There is a variety of legislation such as the ones mentioned above that apply a duty of care to your safety. When you are driving on the road, The Road Traffic Act 1988 and the Highway Code state that road users must drive in the same manner as any competent driver. No injuries should be caused because of negligence.

While at work you are also protected by the Health and Safety At Work etc Act 1974. This places a duty of care on your employer to keep you as safe as can be expected while working.

When this duty of care is breached and you are injured as a result you can pursue a personal injury claim. Even if you are partially at fault but your employer or another road user is also liable you may still be able to claim.

How Could You Be Injured?

There are many ways that you can be injured in a car accident. Form trivial cases of whiplash, to fatal road traffic accidents. Below are a few examples.

  • Head injuries
  • Fractured bones
  • Sprains and strains
  • Facial scarring
  • Back injuries
  • Paralysis

Fatal Road Traffic Accident Statistics By Mode Of Transport

Using the information provided by the charity Brake, we have compiled this graph showing how many fatalities on the road and in which mode of transport. Road Accidents by Mode of Transport 2020

Steps You Could Take To Make A Car Accident At Work Claim

What happens when I have an accident at work? When making a personal injury case for a car accident at work claim, you will need to gather as much supporting evidence to back up your case. We have covered some of the things you can do below.

  • Make sure to report the accident to your employer. Also, fill in the accident book if applicable.
  • Seek professional medical attention, even for seemingly trivial injuries.
  • Get the contact details of any witnesses.
  • Gather information about the drivers and vehicles involved.
  • Take photographs of the cause of the accident. You could also try to secure any CCTV footage available.

Who Is Liable?

If you intend to make a car accident at work claim, you need to show who was liable for the accident. A personal injury claim will not be possible if you cannot do this. In the following subsections, we look at who might be liable in what scenario.

When Employees Could Be Liable

If you caused the hazard that resulted in an accident, you may be liable yourself. In exactly the same way as you would in any road traffic accident. Regardless of the fact you were driving for work. Speak to a personal injury lawyer to find out if you might be liable.

When Employers Could Be Liable

If your employer has provided you with an unsafe vehicle, they could be liable for an accident that this caused. You can speak to a personal injury solicitor for advice on how to prove a car accident was not your fault.

Other Parties Who Could Be Liable

It may be that your accident was caused because of the negligence of another road user or poor road conditions. In these instances, the claim would be made against either the other road user or maybe the local council or highway agency.

Calculate Damages For A Work Vehicle Accident

When a personal injury claim is successful the claimant can be awarded up to two types of damages. General damages will look to compensate for the pain and suffering the injuries have caused the claimant.

If the claimant qualifies for general damages they could also ask to be compensated for special damages. These are financial losses or expenses caused because of the personal injury.

We made this table based on the Judicial College guidelines used by the legal system. Special damages, for loss of earnings, would be unique to your claim so are not included in this table.

Health ProblemSeverityPossible DamagesMore Info  
Jaw fractureVery serious£28,610 to £42,730For example, multiple fractures that require very long treatment and could have permanent effects.
Toe Injuries ModerateUp to £9,010A fracture of the toes or exacerbated degenerative injury. This could also include lacerations affecting one or more toes.
Facial DisfigurementSignificant facial scarring £8,550 to £28,240Where applied cosmetic surgery has reduced most of the scarring. But there are still some cosmetic effects that produce psychological problems.
Bowels
Total loss of function Up to £140,870For example, loss of function of the bowel, and the need for a colostomy bag to be used.
Chest Injuries Relatively simple injury £11,820 to £16,860For example, a single puncture, which will have no long term consequences.
Neck Injuries Severe (i)In the region of £139,210Incomplete paraplegia or despite wearing a collar 24 hours a day no movement.
Back Injuries Severe (i)£85,470 to £151,070Very serious damage to the back. Serious injuries involving damage to the spinal cord and nerve roots, lead to serious injuries not often found in back injuries.
Ankle Injuries Severe£29,380 to £46,980When a prolonged period of treatment is required and/or where pins and plates are inserted and there is a significant residual disability in the form of ankle instability or severely limited walking ability.
Eye Injuries Loss of sight in one eye£46,240 to £51,460A small risk of sympathetic ophthalmia is factored into this award. Scarring in the eye region that is not sufficiently severe to warrant a separate award is appropriate for the upper end of the bracket.
Foot Injuries ModestUp to £12,900Undisplaced metatarsal fractures, sprains and ligament injuries will be considered in this bracket.

How To Start A No Win No Fee Car Accident At Work Claim

Why not opt for a No Win No Fee solicitor to process your claim. Under a No Win No Fee agreement you don’t pay your lawyer any fees until the claim is won. If you have more questions about a car accident at work claim, contact our team using the info below. They will also explain the time limit.

Telephone: 0161 696 9685.

Webchat and contact form.

Employee And Vehicle Accident Claim Resources

Here are some useful links.

The Highway Code

Reporting Accidents At Work

Employers Responsibilities

Here are some other guides.

Accidents Caused By Ice

Lorry & HGV Accidents

Claims For Mud Related Accidents

Page by CR

Published by AL.