What If You Are Injured in an Accident While Driving Your Own Car for Work?

The blending of professional work and personal life often extends beyond what most people think. While answering a quick work email late at night doesn’t generally constitute as being “on the clock,” driving a personal vehicle while performing official work business can lead to many confusing and conflicting questions if the person becomes involved in an auto accident. Many Rhode Island and Massachusetts employees drive their personal vehicles for job duties, but when a crash happens during one of these trips, injured workers often face confusion about who pays for their medical bills and lost wages.

A recent Rhode Island Supreme Court decision, Roberge v. Travelers Property Casualty Company of America, brought this exact question into sharp focus. The case involved a state employee who was injured by an underinsured driver while using her own car for work because no state vehicle was available that day. Her insurance claim became a legal battle over which policy applied. Her situation highlights how complicated coverage can get when a personal vehicle and a job-related trip intersect, and why injured workers benefit from understanding their options before they sign anything or accept a settlement offer.

What Happened in the Roberge Case

Cynthia Roberge was employed by the State of Rhode Island and often used her private car for business-related journeys when a state vehicle was not available. On the day when the accident occurred, there was no state car available, so she used her personal vehicle. She was then hit by a driver who was underinsured, as a result of which she suffered injuries serious enough to prevent her from working.

Roberge applied for underinsured motorist benefits through Travelers’ commercial insurance policy, but the policy provided coverage for liability in relation to employees using any vehicle in the course of their employment and restricted underinsured motorist coverage to state-owned vehicles only. Travelers rejected her claim.

The case proceeded through the federal courts and in the end came before the Rhode Island Supreme Court, which was requested to determine whether an employee who uses her personal car for work should be regarded as a named insured under the employer’s policy, even though the policy itself stated otherwise. 

In May, the court ruled against Roberge, stating that the specific terms of the employer’s policy determined the result. It was held that neither previous case law nor Rhode Island’s uninsured motorist statute required extending the coverage to her personal vehicle in this situation. One justice disagreed, maintaining that the decision was unfair to a worker who had no vehicle available in the state and who was clearly carrying out duties within the course of her employment.

The decision is important for all those in Rhode Island who use their private vehicles for work. It establishes that an employer’s insurance policy will be interpreted in accordance with its actual terms rather than in a way that seems fair or reasonable. The level of protection enjoyed by a worker is usually closely tied to the precise wording of the employer’s coverage and to the terms of the worker’s own personal automobile policy after a car accident.

Workers’ Compensation Coverage for On-the-Job Driving Injuries

Workers who have suffered an injury as a result of carrying out their job duties are entitled to benefits, regardless of who is at fault in the accident. The scheme provides payment for medical treatment, a portion of the wages that have been lost, and compensation for any permanent injuries.

An employee who is injured while driving for work is usually entitled to workers’ compensation regardless of whether the vehicle is owned by the employer or by the employee themselves. Coverage generally extends to journeys made for carrying out job errands, visiting clients, making deliveries and other types of work-related travel. However, travel to and from a fixed place of work is generally not included, although travel which is an integral part of the job is an exception.

Workers’ compensation benefits do have some real restrictions. Instead of paying out the full amount, the lost wage benefits generally amount to a certain percentage of the worker’s average weekly earnings. The system also does not provide compensation for pain and suffering. It is often in these areas that a claim made through a third party or a personal auto policy becomes necessary if the injured worker is to be fully compensated.

Third Party Claims Against an At-Fault Driver

If another driver causes the accident, the injured worker may make a separate claim against that driver in addition to workers’ compensation benefits. This type of claim is known as a third-party claim, since it is the at-fault driver and not the employer who is responsible for the crash.

A third-party claim has the ability to obtain damages that workers’ compensation does not pay. This usually involves full lost wages rather than just a certain percentage, compensation for pain and suffering, and coverage for any long-term or permanent effects of the injury. The process of bringing such a claim generally consists of the following steps:

• Identifying the at-fault driver’s insurance coverage and confirming policy limits
• Gathering evidence after an auto accident, including police reports and witness statements
• Documenting medical treatment and how the injury has affected daily life and work capacity
• Calculating the full value of damages, including future medical needs where applicable
• Negotiating with the insurance company or filing a lawsuit if a fair settlement is not offered

Workers’ compensation and claims made by third parties can frequently be handled at the same time, but it is necessary to coordinate the two so the benefits are correctly credited and the injured worker is not underserved. This is one of the more technical aspects of personal injury law, which is where an experienced car accident lawyer in Rhode Island usually makes the greatest difference to the result.

Personal Auto Policy Coverage and Why It Matters

The Roberge case shows that a worker’s individual auto insurance policy can end up being the most important source of compensation even though the accident occurs while performing work duties. Although the liability coverage provided by her employer covered her use of the vehicle, the underinsured motorist protection did not extend to her own car; it was her own USAA policy, which named her as the insured and included underinsured motorist coverage that played a key role in her financial recovery.

This situation shows a trend which occurs frequently. It is common for employers to have commercial auto policies that give broad liability coverage but limit coverage for underinsured and uninsured motorists to vehicles that are owned by the company. If an employee uses their private car for work, then that employee’s own insurance policy may be the first or only source of underinsured motorist coverage.

Workers who use their own vehicles for the purposes of their jobs should check the limits of their own motor insurance policy regarding coverage for accidents involving underinsured or uninsured motorists. Relying entirely on the employer’s commercial policy, as the Roberge case illustrates, could result in large gaps in protection.

Get Help If Your Are Injured in an Accident While Driving Your Own Car for Work

The Massachusetts and Rhode Island auto accident lawyers at d’Oliveira & Associates assist injured workers in both Rhode Island and Massachusetts with dealing out the various overlapping coverage issues and with pursuing all the possible means of compensation. We have 19 offices in Rhode Island and Massachusetts so that help is readily available right where you are. Give us a call at 1-800-992-6878 today for a free case evaluation and find out how we can assist you.
 
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