Auto insurance issues can be confusing in the best of circumstances. The issues can be particularly challenging in work related auto accidents.
Insurance Issues in Work Related Auto Accidents
There are many unique insurance issues involved in work related auto accidents. This is so whether on the job or going to and from work.
The many issues that arise with a typical non-work accidents will be present. These include fault for the accident, the other driver’s insurance, your personal insurance and the insurance of your employer. These in turn raise issues as to types and levels of coverage such as the other party’s liability limits, and your and your employer’s underinsured coverage.
Some of these issues arise only if it was the other party’s fault. If it was your fault, then you may be limited to workers’ compensation benefits. The availability of workers’ compensation benefits will depend upon whether or not you’re considered on or off duty during your commute.
On Duty v. Off Duty
In case of the insurance questions above, whether or not you were considered on duty will play into the outcome of the insurance issues. If you were not on duty, the workers’ compensation benefits will likely not be available.
However, other insurance coverage should be available from one source or another.
Ownership of the Vehicle and Underinsured Coverage
If you were driving the employer’s vehicle, you may be entitled to the employer’s underinsured coverage assuming the employer has it. Remarkably, many employers do not carry it nor do they have to.
In fact, many employers waive underinsured coverage. This can be catastrophic for seriously injured or killed workers. However, as with any other rejection of insurance coverage, the rejection of the coverage by the employer must be done correctly or it is ineffective.
Whether the employer owns the vehicle or not, you are still entitled to use your own underinsured coverage. This assumes that you have it and you have limits that exceed the liability coverage carried by the at-fault driver.
Seek Experienced Legal Guidance
These issues can get quite complex. Every case is different. The outcome will depend upon the circumstances of the various insurance policies available and by definition the issues outlined above.
An experienced attorney can help your work through them.