If your boss tells you to leave work early so you can take some packages to the post office on your way home, and you injure someone in a serious car crash, is your employer liable for the injuries you caused? Yes, your employer is most likely liable for actions taken by an employee while using their vehicle for business purposes.
Suppose you must have a car as a condition of your employment. You travel from place to place, business site to business site. Is your employer liable for an injury accident while driving your car for business purposes? Again, the answer is yes.
If you are really on the job when a serious accident occurs, your employer will likely be liable for injuries and damages you cause under a theory of vicarious liability. The question arises: Were you on the job at the time of the accident?
Who Pays? The Hierarchy of Insurance Coverage
If you have been involved in an accident while driving your personal vehicle for work, understanding who pays for the damages can be confusing. Whether you were making a sales call, delivering a package, or running a company errand, liability depends on specific insurance hierarchies.
- Your Personal Auto Policy (Primary): Generally, your own insurance is the “primary” coverage for damages to your vehicle and liability to others.
- The “Business Use” Exclusion Trap: Be aware that many personal policies exclude accidents that happen while using a car for business (especially for delivery apps like DoorDash or Uber). If you haven’t purchased a commercial endorsement, your insurer may deny the claim.
- Employer’s Non-Owned Auto Liability: If your personal limits are exhausted (or if you are sued for a serious injury), your employer’s “Hired and Non-Owned Auto” policy may step in as secondary coverage to protect the company and you from excess liability.
When Can an Employer Be Held Liable for an Employee’s Car Accident?
Respondeat superior is a Latin term that means “Let the superior answer.” It is commonly referred to as vicarious liability and applies when one person is held liable for damages caused by another’s negligence. It is the legal principle under which employers are responsible for the negligent acts of their employees. This includes employers being responsible for car accidents caused by employees’ negligence when employees are using their automobiles for business purposes.
The caveat is that an employee’s use of his or her personal automobile must have been within the scope of the employee’s employment at the time of the accident. It seems like a simple concept, but the questions that are raised if you are involved in such an accident include:
- Did your employer benefit from your action?
- Were you driving from business site to business site as required by your employment?
The questions boil down to: Were you really “on the job” at the time of the accident?
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Understanding the Scope of Employment in Illinois
The key factor in determining employer liability is whether the employee was acting within the “scope of employment” at the time of the accident. In Illinois, this means the employee’s actions must have been performed in the service of the employer and for the employer’s benefit. Courts examine several factors, including whether the employee was performing assigned duties, whether the activity occurred during work hours, and whether the employer benefited from the employee’s use of their personal vehicle. The following scenarios illustrate how Illinois courts typically analyze the scope of employment in vehicle accident cases.
Is My Employer Liable? (The “Scope of Employment” Test)
Under Illinois law (Respondeat Superior), an employer is only liable if you were acting within the “scope of employment” when the crash occurred.
| Scenario | Is Employer Liable? | Legal Concept |
| The Commute (Home to Work) | Generally No | The “Coming and Going” Rule: Commuting is typically considered personal time, not work time. |
| The Special Errand | Yes | If your boss asks you to stop at the Post Office on your way home, this “special errand” makes them liable. |
| Traveling Sales/Home Health | Yes | For “traveling employees” whose office is their car, the entire day is usually covered. |
| The “Detour” (Coffee Stop) | Yes | A minor deviation (grabbing a coffee on a work route) is usually still covered. |
| The “Frolic” (Personal Trip) | No | Driving 10 miles off-route to visit a friend is a “frolic” that breaks the employment chain. |
Does Your Auto Insurance Cover Using Your Vehicle for Work?
Personal vehicle insurance policies may or may not insure car owners for business use of their vehicles, with one exception, the livery exception. This means there is no insurance coverage if you use your car to transport goods or people in exchange for money. This applies to using a car like a taxi or delivery van, not a simple business errand.
Does insurance cover a minor accident while operating a personal automobile for your employer?
It is best to contact your auto insurance company.
What If Your Employer’s Insurance Might Apply?
Employers may provide coverage for employees who use their personal vehicles for business purposes, but this is not automatic. Check with your employer to ensure coverage before agreeing to use your car for business purposes.
What Should Accident Victims Do Next?
If you were injured in a car accident caused by an employee driving their personal vehicle for work purposes, taking the right steps can protect your legal rights and strengthen your claim. Here’s what you should do:
1. Seek Medical Attention Immediately
Your health is the top priority. Get medical care right away, even if injuries seem minor. Some injuries don’t show symptoms immediately, and medical records will be crucial evidence for your claim.
2. Document the Accident Scene
If possible, take photos of the vehicles, damage, road conditions, and any visible injuries. Collect contact information from the driver, witnesses, and note the time and location of the accident.
3. Determine If the Driver Was Working
Find out if the at-fault driver was performing work duties at the time of the crash. This includes running errands, traveling between job sites, making sales calls, or any other business-related activity.
4. Report the Accident
Notify the police and file an accident report. Also, inform your insurance company, but be cautious about what you say—avoid admitting fault or providing recorded statements without legal advice.
5. Contact an Experienced Chicago Personal Injury Attorney
Employer liability cases can be complex. An attorney can investigate whether the employer should be held responsible, identify all available insurance coverage, and fight for the full compensation you deserve.
Don’t wait—Illinois has strict deadlines for filing injury claims. Contact Blumenshine Law Group today for a free consultation.
Can I Sue My Employer for a Car Accident?
Generally, you cannot sue your own employer for a car accident if you were on the job; your exclusive remedy is Workers’ Compensation.
- Workers’ Comp: Pays for your medical bills and a portion of lost wages regardless of who caused the accident. It does not pay for pain and suffering or vehicle damage.
- Third-Party Claims: If another driver caused the accident, you can file a personal injury lawsuit against that at-fault driver. This allows you to recover damages that workers’ comp doesn’t cover, like pain and suffering.
Crucial Note: You can file both a workers’ comp claim (for immediate benefits) and a third-party claim (for maximum compensation) simultaneously.
Frequently Asked Questions About Employer Liability
Can I sue my employer if I’m injured by a coworker driving their own vehicle?
If your coworker was acting within the scope of their employment when the accident occurred, you may be able to file a claim against your employer under vicarious liability. However, if you’re also an employee of the same company, you may be limited to filing a workers’ compensation claim instead of a personal injury lawsuit. An attorney can help you understand your options based on the specific circumstances of your case.
What if I’m driving my own car at my employer’s request and there’s no insurance?
If your employer asks you to use your personal vehicle for work purposes, it’s critical to verify that you have adequate insurance coverage. Your personal auto policy may not cover business use, especially if you’re transporting goods or people for compensation (the “livery exception”). Additionally, your employer should have commercial insurance that covers employees using personal vehicles for work. If neither policy provides coverage and you cause an accident, you could be personally liable. Always confirm coverage with both your insurance company and your employer before using your vehicle for work.
How long do I have to file a claim against an employer in Illinois?
In Illinois, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This deadline applies whether you’re suing the employee directly or holding the employer liable under vicarious liability. If you miss this deadline, you may lose your right to seek compensation. It’s important to contact an attorney as soon as possible to ensure your claim is filed on time and all evidence is properly preserved.
Will workers’ comp cover car accident injuries during work?
If you’re an employee injured in a car accident while performing work duties—whether driving your own vehicle or a company vehicle—you may be eligible for workers’ compensation benefits. Workers’ comp can cover medical expenses and lost wages, but it typically does not provide compensation for pain and suffering. In some cases, if a third party (such as another driver) caused the accident, you may be able to file both a workers’ comp claim and a personal injury lawsuit against the at-fault party. An experienced attorney can help you navigate both claims to maximize your recovery.
Free Case Consultation
If you live in Illinois and you were injured in a car accident caused by an employee acting on behalf of their employer, contact our attorneys at the Blumenshine Law Group. Call or text us at (312)766-1000 or email us at [email protected].
If your accident caused damage to your car and there were no injuries, it’s best to contact your auto insurance company for questions regarding coverage.
Scott Blumenshine is the founder of Blumenshine Law Group and has over 37 years of experience litigating complex personal injury cases in Illinois. He has experience untangling difficult insurance disputes, including vicarious liability claims where employers are responsible for employee negligence. Scott is dedicated to ensuring accident victims recover every dollar available under the law.