Company Car Totaled - What Are My Rights?

Super Lawyers 10 Years - Michael W. Cardamone

First things first: your health matters more than the car. Your employer has insurance for the vehicle. What matters now is making sure YOU are taken care of.

Good News: If you were driving a company car for work purposes when the accident happened, you're almost certainly covered by workers' compensation - even if the accident was your fault.

Common Questions After Totaling a Company Car

Can I be fired for totaling the company car?

Pennsylvania is an at-will employment state, so technically yes. However, if you're injured and file a workers' comp claim, firing you in retaliation for that claim is illegal. Many employers won't terminate over an accident if you have a good record.

Do I have to pay for the car?

Generally no. Your employer's commercial auto insurance should cover vehicle damage. Unless you were grossly negligent (drunk driving, intentional damage), you typically aren't responsible for the vehicle itself.

What if the accident was my fault?

Fault doesn't matter for workers' comp. If you were working when the accident happened, you're covered for your injuries. Period.

What about my injuries?

Workers' compensation covers all reasonable medical treatment for your injuries, plus wage loss benefits if you can't work. This is separate from any vehicle damage issues.

Your Rights as an Injured Employee

Under Pennsylvania workers' compensation law, you're entitled to:

All medical bills paid - ER, surgery, physical therapy, medications, everything related to your injuries
Wage loss benefits - About 2/3 of your average weekly wage if you can't work
Specific loss benefits - For permanent injuries like scarring or loss of function
Job protection - Your employer cannot retaliate against you for filing a claim

Warning: Your employer or their insurance company may try to pressure you into not filing a workers' comp claim. Don't fall for it. You have legal rights, and filing a claim protects those rights.

A Note from Attorney Cardamone:

"I've seen employees terrified after totaling a company car - worried about their job, worried about paying for the vehicle, worried about everything except their own injuries. Here's what I tell them: the car is insured. Your employer will handle that. What matters is YOUR health and YOUR rights. If you're injured, you have a workers' comp claim. Don't let guilt or fear stop you from getting the benefits you're entitled to."

What If Another Driver Caused the Crash?

If someone else hit you, you may have two claims:

Workers' compensation - Through your employer, for being injured at work
Third-party personal injury - Against the driver who caused the crash

The third-party claim can provide additional compensation beyond workers' comp, including pain and suffering damages. We handle the workers' comp claim directly and coordinate with our Personal Injury colleagues on the third-party case.

Types of Company Vehicles We Handle

Company cars and sedans
Work trucks and vans
Delivery vehicles
Service trucks (plumbers, electricians, HVAC)
Sales vehicles
Fleet vehicles
Company-provided vehicles for commuting

Totaled Your Company Car? Injured?

Your injuries matter more than the vehicle. Free consultation.

(215) 206-9068

What to Do Now

Focus on your health - Get medical treatment for your injuries
Report the accident to your employer - This starts the workers' comp process
Don't sign anything - Without talking to an attorney first
Don't give recorded statements - To any insurance company
Document everything - Medical visits, time off work, expenses
Call us - We'll tell you exactly what you're entitled to

The car is replaceable. Your health and your rights are not. If you were injured while driving a company vehicle in Pennsylvania, call us for a free consultation.

Free Consultation: (215) 206-9068