Getting hit by a work truck, delivery van, or company car can leave you with serious injuries and a confusing question: who’s actually on the hook? When a business is involved, the claim is rarely as simple as a fender-bender between two private drivers. If a company vehicle accident injured you in Greer or anywhere in the Upstate, here’s what you should know. Briggs Law Group offers free consultations and is ready to help.
The short answer: When an employee causes a crash in a company vehicle while working, the employer can usually be held liable, not just the driver. The legal rule is called respondeat superior. The employer’s commercial auto insurance is typically the primary policy that pays. In South Carolina, you generally have three years to file, and your own share of fault can reduce your recovery.
In this article, our Greer car accident lawyer discusses:
– Who is liable for an accident in a company vehicle
– How the scope of employment affects who pays
– Who pays after an accident in a company vehicle
– What to do at the scene
– South Carolina’s fault and deadline rules
Who is liable for an accident in a company vehicle?
Both the employee behind the wheel and their employer can usually be held liable for a company vehicle accident. That comes from a legal doctrine called respondeat superior, Latin for “let the master answer.” An employer can be responsible for an employee’s negligence when the employee was acting within the scope of their job.
Why does that matter? Businesses usually carry far more insurance than individual drivers do. Holding the employer accountable often means enough coverage to actually pay your medical bills, lost wages, and other losses.
How does scope of employment affect who pays?
Scope of employment is what determines whether the employer shares responsibility. Respondeat superior only applies when the driver was working at the time of the crash. A few common scenarios make this easier to understand:
– An employee running a work errand, such as picking up supplies, is usually within scope.
– A delivery driver on their route is working, so the employer is typically on the hook.
– A sales rep driving between client appointments is generally acting for the business.
Things shift when the employee is on a personal detour. If the driver had clocked out, was running a personal errand, or was using the vehicle for a non-work-related purpose, the employer may argue it isn’t responsible. These disputes come up often, and they’re exactly where digging into the facts matters.
Accident in a company vehicle: who pays?
In most cases, the employer’s commercial auto insurance is the primary coverage after an accident in a company vehicle. Commercial policies tend to carry higher limits than personal auto insurance, which can make a real difference when injuries are severe.
It isn’t always that clean. If the at-fault driver was an independent contractor rather than an employee, the company may try to deny responsibility since respondeat superior generally applies to employees, not contractors. Whether someone is truly an independent contractor depends on how much control the company has over their work, not the label on a contract. Briggs Law Group can look at that relationship to identify potential sources of coverage.
Not sure whose insurance should pay? Contact Briggs Law Group for a free consultation. Call 843-242- 0282.
What’s the company vehicle accident procedure at the scene?
Right after a company vehicle accident, focus on your safety first and then on preserving evidence. The procedure looks a lot like any crash, with a few extra steps because a business is involved:
– Call 911 and get medical attention, even if you feel fine at first.
– Photograph the vehicles, the scene, and any company logos or markings.
– Write down the driver’s name, employer, and insurance details.
– Get contact information from any witnesses.
– Don’t give a recorded statement to the company’s insurer before getting advice.
Evidence tied to the business can disappear fast. Delivery logs, GPS data, dispatch records, and maintenance history can show that the driver was working, but companies aren’t required to keep them forever. Acting promptly helps protect that proof.
How do South Carolina’s fault and deadline rules affect your claim?
South Carolina gives you a limited window to file and follows a fault rule that can reduce your recovery. Under S.C. Code Ann. § 15-3-530, you generally have three years from the date of injury to file a personal injury lawsuit. Miss that deadline, and you can lose your right to recover entirely.
South Carolina also follows a modified comparative negligence system. If you’re less than 51% at fault, you can still recover, though your compensation will be reduced by your percentage of fault. If you’re more than 50% at fault, you recover nothing. Insurance companies know this and often try to pin the blame on you.
Frequently asked questions about company vehicle accidents
Can I sue both the driver and the company?
Often, yes. Under respondeat superior, you can typically pursue both the employee who caused the crash and their employer when the driver was working at the time of the crash. Going after both can open up more insurance coverage for your losses.
What if the company says the driver wasn’t on the clock?
This is a common dispute. When an employer claims the driver was on a personal detour, evidence like GPS data, time records, and dispatch logs becomes critical. Those details often decide who pays.
How much does it cost to talk to a lawyer?
Your consultation with Briggs Law Group is free. Ask questions, learn where you stand, no obligation.
How long do I have to file in South Carolina?
Under S.C. Code Ann. § 15-3-530, you generally have three years from the date of injury. It’s wise not to wait since evidence from the business can disappear.
Contact Briggs Law Group about your company vehicle accident
A company vehicle accident can involve several insurance policies, a business working to limit its liability, and legal rules that are hard to navigate on your own. You don’t have to do it by yourself.
Briggs Law Group helps injured people in Greer, the Upstate, and across South Carolina after a crash involving a work vehicle. Contact Briggs Law Group for a free consultation. Call 843-242- 0282 to discuss your case.