In a work related car accident should I make a car insurance or workers compensation claim?

Question:

In a work related car accident should I make a car insurance or workers compensation claim?

Answer:

Work-related automobile accidents can create a rather sticky situation for drivers and employers. Questions about workers compensation vs. auto insurance injury coverage will no doubt arise. The best way to proceed with gaining coverage will depend on the state in question and the types of coverage available.

In no-fault states, the workers compensation vs. auto insurance injury coverage question is often answered by pecking order. The automobile insurance policy carried by the employer or the employee will typically take the lead in paying damages and/or medical bills. An employee may still be eligible for coverage under the worker’s compensation policy if an accident took place during working hours while the employee was driving for work-related business. Keep in mind the auto insurance policy will be the one that will pay for physical damage to property, including vehicles.

In states that don’t have no-fault rules, it might behoove an employee to enact workers compensation coverage to pay for medical bills. This is generally the case when the employee is technically at fault for the accident. Workers compensation and/or other worker liability policies might provide for a greater amount of coverage. It may be, however, that state law requires the enactment of one policy first and then the other.

Getting legal advice after a work-related car accident is a must. The workers compensation vs. auto insurance injury coverage question can be very difficult to determine. A reputable lawyer will be able to help an employer and employee determine which policy should take the lead legally and which will provide the injured party with the greatest amount of coverage.

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