Accident While Driving Personal Vehicle for Work

In a busy city like Chicago, it’s not uncommon for employees to drive personal vehicles for work, whether to attend a meeting, visit a job site, or run a business errand. But when an accident occurs, there are many aspects that can significantly impact liability and the outcome of your case.

Our Chicago car accident attorney team is here to explain everything you need to know about liability, insurance claims, and your legal options when you’re involved in a work-related car accident in Chicago.

Is Your Employer Liable for a Car Accident on Company Time?

The legal concept of vicarious liability is key to understanding whether your employer may be responsible for damages. Under Illinois law, an employer can be held liable for an accident if the employee was acting within the “scope of employment” at the time of the crash, regardless of the vehicle involved.

That means the employer may be responsible for your actions—regardless if you’re driving your own personal vehicle or a company car—as long as you were performing job-related duties when the accident occurred.

Determining “Scope of Employment” and Employer Liability

Determining whether you were acting within the “scope of employment” depends on what you were doing at the time of the accident. For example, if you were driving between job sites, making a delivery, attending a client meeting, or running an errand for your boss, that’s generally considered covered.

On the other hand, commuting to or from work usually isn’t covered, unless you were asked to stop somewhere or pick something up on your way. Likewise, personal errands during work hours—like stopping at a store or grabbing lunch—are typically not covered, even if they happen during the workday.

That said, there are many gray areas. Whether an accident occurred “on company time” or during a “work-related task” is fact-specific and often disputed by insurers and employers.

When is Your Employer Not Liable?

Even if the accident happened during the day, your employer may not be liable if it occurred outside the scope of your employment. If you were commuting, running personal errands, or engaging in reckless behavior unrelated to work, your employer likely won’t be responsible.

Independent Contractors vs. Employees

Another major factor is your employment classification. Generally, employers are not liable for the actions of independent contractors. If you’re an independent contractor, such as a rideshare driver for Uber or Lyft, you’re likely responsible for your own insurance coverage, even while working.

Distinguishing between employees and independent contractors typically comes down to how much control the company has over your schedule and work methods, as well as how you’re paid. If you’re unsure of your classification, reviewing your agreement or speaking with a lawyer is a smart first step.

Insurance Coverage in Work-Related Auto Accidents

Multiple types of insurance may come into play when you’re involved in a work-related crash using your own vehicle:

• Your personal auto insurance policy is usually the first source of coverage. However, many policies include exclusions for business purposes or require a commercial use add-on.
• Your employer’s insurance may cover you if the accident happened while you were performing work-related duties, especially if your employer regularly has workers use personal vehicles for job duties.
• Workers’ compensation may apply if you were injured while working. Even if you were at fault, you could be entitled to medical care and lost wages under Illinois workers’ compensation benefits.

What to Do Immediately After a Car Accident While Driving a Personal Vehicle for Work

If you’re involved in a car accident while on the job, here are the steps you should take right away:

• Check for injuries and call 911 if medical attention is needed.
• Move to safety if your car is operable and you’re not seriously hurt.
• Call the police and obtain a police report for documentation.
• Exchange information with the other driver(s), including license and insurance details.
• Document the scene with photos, and try to gather contact info from witnesses.
• Notify your employer as soon as possible and follow any internal reporting procedures.
• Contact your personal insurance company promptly to notify them of the incident.
• Do not admit fault at the scene, even if you think you may have caused the crash.
• Consult a lawyer.

Filing Insurance Claims After a Work-Related Car Accident

Handling multiple insurance policies—yours, your employer’s, and possibly workers’ compensation insurance—can be overwhelming. If each party tries to deny responsibility, you may be left stuck in the middle.

An experienced attorney can help identify the correct coverage, file claims, and protect you if one insurance provider tries to shift the blame. Don’t navigate this process alone—there are too many moving parts and potential missteps that can jeopardize your personal injury claim.

Illinois Laws and Determining Fault

Several key Illinois statutes apply to work-related accidents and personal vehicle use for job purposes:

• 625 ILCS 5/11-401: Requires drivers to stop and report any crash involving injury, death, or property damage.
• 820 ILCS 305/1: Entitles employees to workers’ compensation benefits for injuries arising out of and in the course of employment.
• 735 ILCS 5/2-1116: Comparative fault rule allows recovery even if you were partially at fault, so long as you are less than 50% responsible.

These laws help determine liability and insurance coverage, making legal experience essential in complex work-related car claims.

How a Chicago Car Accident Attorney Can Help

A skilled Chicago personal injury lawyer can provide critical support in these situations. Your lawyer can:

• Investigate the accident and determine fault
• Prove your employer’s liability under vicarious liability laws
• Review insurance policies and communicate with your own and your employer’s insurer
• File a workers’ compensation claim for your injuries
• Negotiate with the employer and insurance company for a fair settlement or take the case to court if necessary

What to Do if an Insurance Company Denies Your Claim

Unfortunately, it’s not unusual for an insurance company to deny or delay a work-related accident claim, especially when there’s confusion over who was responsible. If your claim was denied, you have options.

You can appeal the decision, provide additional documentation, or pursue legal action. Having legal representation from the beginning increases your chances of getting the claim accepted without delays.

Workers’ Compensation Benefits

If you were injured in a work-related personal vehicle accident, you may be eligible for workers’ compensation benefits regardless of fault. These benefits typically cover medical expenses, partial wage replacement, and disability payments if your injuries prevent you from working.

To obtain benefits, report the injury to your employer promptly and follow all required steps in filing your workers’ compensation claim.

Book a Free Consultation

At Rosenfeld Injury Law, we’ve helped hundreds of clients who were involved in motor vehicle accidents while using their personal cars for work. Regardless of your employment status and whether the accident involved a company vehicle or your personal car, we’re here to provide guidance through every step of the legal process.

We work on a contingency fee basis, so you pay nothing unless we win. Let us help you protect your rights and pursue compensation for your injuries. Call (888) 424-5757 or fill out our online form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.