Employees may use their personal vehicles for all kinds of routine business tasks, including making bank deposits, picking up supplies, meeting with clients, or traveling between locations to deliver paperwork or equipment. Even when that driving is only occasional, an accident during a work-related trip can create liability for the business.
Suppose you ask an employee to drive to a supplier and pick up materials needed for your business.
The employee uses their personal car. On the way back, they run a red light and hit another vehicle.
Your employee is injured. The driver of the other vehicle is also injured, and their vehicle is damaged. Because the employee was driving for work, the accident can involve both personal and commercial insurance.
Your employee's auto coverage provides PIP benefits for qualifying injuries from the accident. Because the trip was work-related, workers' compensation may also come into play.
This is one of the first places the claim becomes more complicated than an ordinary personal auto accident. The employee was driving their own vehicle, but they were also performing work for your business.
A vehicle accident that occurs while an employee is acting within the course and scope of employment can result in a workers' compensation claim.
The other driver's own PIP coverage may respond to qualifying injuries under Florida's no-fault system. But PIP does not eliminate the possibility of a liability claim against the at-fault driver.
Depending on the injuries and circumstances, the other driver may pursue a liability claim against your employee. The employee's personal auto liability coverage may respond to that claim.
Because the employee was completing a work-related errand, the business may also be named in the claim. Non-owned auto liability coverage is designed for situations like this, where a business can be held liable for the use of a vehicle it does not own, including an employee's personal vehicle used for company purposes.
If the other driver suffers significant injuries, the resulting liability claim could be substantial. With relatively low personal auto liability limits, your employee may not have enough coverage to address the full claim, and your business could also face significant liability.
A commercial umbrella or excess liability policy may provide additional limits for a covered auto liability claim. However, the business still needs the right underlying auto liability coverage in place.
If there is no underlying policy to cover the non-owned auto exposure the umbrella will not step in and provide the missing protection.
Employees may use their own vehicles for work in ways that feel routine:
Even if those trips are occasional, an accident can still create a liability claim involving your business.
If employees drive for work, it is worth reviewing who is driving, how often they drive, and whether your insurance program addresses that exposure.
Talk with your insurance agent about how personal vehicles are being used and how your current insurance program would respond.