Which policy responds?
Which policy responds to provide Accident Benefits when an employee is injured while driving a company vehicle depends on certain variables. For the purpose of this StraightTalk, we are using a male employee as an example.
The initial determination is governed by whether or not the employee had regular use of the company vehicle. If, for example, the employee used that company car at least once a week most weeks of the year then it could be considered he had regular use of that vehicle. Likely the Accident Benefits would come from the commercial auto policy under which the vehicle was listed. If the employee used the company car very rarely and it was more of a “one off” situation, then the Accident Benefits would be paid by the insurer of the employee’s personal vehicle, assuming he had one.
Now here’s where it gets tricky – if the employee has no vehicle of his own, the insurance carrier will determine if he has regular access to any other vehicle (say he uses his girlfriend’s car on a regular basis) and the Accident Benefits will come from that policy accordingly. If there is no vehicle the employee had any regular access to, then the Accident Benefits claim will be paid by the insurer of the company vehicle regardless of how often he used the vehicle.
It is important to keep in mind that each claim will be assessed on its own merits. As well, any liability for damages or injury to others will be responded to by insurer of the vehicle the employee was driving regardless of the above scenarios.