Who is liable for accidents in a company car?

Any business that uses company cars could be liable for claims of Corporate Manslaughter under current legislation, as the business and not the driver of the car could be prosecuted if a fatal accident did occur. In addition, many businesses also fail to check whether their employees who use their own cars for work have them insured for business purposes. A company and commercial solicitor can advise an employer about the necessary insurance they will need to have in place for company and employee cars.

Generally speaking the use of a company car by your employees comes under health and safety. Your business must carry out a risk assessment to identify any potential hazards that your employees could come into contact with. In the context of company cars, this can include any special training that is needed, and also whether your employees have medical conditions that could adversely affect their driving. You must put in place mechanisms to reduce or eliminate these risks or potentially face fines for breaking health and safety regulations. An employment solicitor can provide you with legal advice regarding health and safety regulations and your compliance with them.

Other aspects of company cars such as their roadworthiness are also the responsibility of the business that owns them. If an accident did occur and was the direct result of poor maintenance, your business could be liable for the payment of compensation or damages to the injured party. And the potential compensation payable for personal injury claims is very high with any road accident. In these cases it is vitally important to obtain the legal advice and help of a specialist personal injury solicitor who can handle any claim for personal injury that is made against your company.

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