Michigan lawyer discusses what happens when you have an accident in a company car.
Getting into a car accident while driving a company car is stressful. This is especially true if the car is wrecked or someone gets hurt. Fixing the damaged car itself is usually the easiest problem to resolve. Our clients want to know about available benefits and how to protect their legal rights. Here is what happens if you have an accident in a company car and suffer personal injury.
What happens if you have an accident in a company car in Michigan?
In Michigan, if it so happens that you have an accident in a company car then multiple insurance companies could be on the hook but who pays depends on specific facts. Employees injured while on-the-job should make a claim with both workers’ comp insurance and no-fault auto insurance to protect their legal rights.
It also possible to file a third-party lawsuit against a negligent driver for pain and suffering damages.
Workers’ comp insurance
If it so happens that you have an accident in a company car while driving for your job you should be covered under workers’ comp. It pays unlimited medical treatment, lost wages, and vocational rehabilitation benefits.
It does not matter who was at fault or caused the accident. Workers’ comp is considered primary so it should always pay first.
Going to or coming home from work is typically not covered under workers’ comp. An exception to this rule exists when certain factors have been met. This includes whether an employer paid for or furnished transportation, whether the injury occurred during or between working hours, whether the employer derived a special benefit from the activities at the time, and whether the employee was subjected to excessive exposure to traffic risks.
Driving a company car might bring an accident within the scope of workers’ comp even when off hours. Additional factors must be analyzed to determine compensability. We recommend speaking with an experienced lawyer to make sure that all claims are protected.
No-fault auto insurance (PIP)
Employees injured during a car accident can also make a claim for no-fault auto insurance benefits. This includes money for replacement services and other items that workers’ comp typically does not cover. Extra money is also paid for lost wages bringing the total amount of compensation to 85%. Order of priority will determine which no-fault auto carrier pays. Watch out for insurance companies who say workers’ comp is primary and refuse to pay no-fault auto benefits. This is especially true if workers’ comp has disputed the claim.
Individuals hurt because of a negligent driver can also sue for pain and suffering damages. Any money received would be in addition to workers’ comp and no-fault auto benefits paid. A third-party lawsuit can be much more valuable than workers’ comp or auto no-fault claims. It is critical to speak with an attorney to make sure all potential cases have been evaluated.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 35 years. Call (844) 316-8033 for a free consultation today.