You were in an accident. The other driver was in a company vehicle, and now you’re left wondering who pays for the damages and medical bills. The situation is different from a regular car accident—businesses often have larger insurance policies, aggressive legal teams, and strategies to avoid liability.
If you’re in Las Vegas or anywhere in Nevada, you may have a claim against the driver, their employer, or both. But navigating corporate insurance policies and legal loopholes can be difficult without the right legal guidance.
Jack Bernstein Injury Lawyers has been fighting for accident victims for over 40 years. If a company driver caused your injuries, knowing how liability works and what steps to take next is crucial. Here’s what you need to know.
Liability and Insurance in Company Vehicle Accidents
If you’ve been hit by a company vehicle, determining who is responsible for your injuries is not as simple as in a standard car accident. In many cases, both the driver and their employer can be held liable under vicarious liability laws, but insurance coverage and legal responsibilities vary based on the details of the crash.
Understanding who pays for damages, how corporate insurance policies work, and what challenges you might face can help you move forward with your claim.
Who is Responsible? Understanding Vicarious Liability
In Nevada, employers can be held responsible for accidents caused by their employees, as long as the driver was performing work duties at the time of the crash. This is called vicarious liability, or respondeat superior, which means an employer is accountable for their employee’s actions while they are on the job.
However, this doesn’t apply in every situation.
| Driver’s Status | Is the Company Liable? |
|---|---|
| On duty, performing job tasks | Yes, the company is likely responsible. |
| Driving a personal vehicle for work duties | Possibly, depending on insurance coverage. |
| Off duty or running personal errands | No, the company is likely not responsible. |
| Independent contractor (not an employee) | No, unless there was negligence in hiring/supervising them. |
If the driver was acting within their work duties, the company’s insurance policy will likely cover your damages. If not, the driver’s personal auto insurance may apply instead.
Who Pays? Understanding Company vs. Personal Insurance Policies
When a company vehicle is involved in an accident, multiple insurance policies may come into play.
1. The Company’s Commercial Auto Insurance
- Most businesses carry commercial auto insurance that provides higher coverage limits than personal policies.
- This insurance covers accidents caused by employees driving company-owned vehicles while performing job duties.
2. The Driver’s Personal Auto Insurance
- If the company tries to argue the driver was off-duty at the time of the crash, their personal auto policy may be responsible instead.
- Personal insurance typically has lower coverage limits than commercial insurance.
3. Uninsured/Underinsured Motorist (UM/UIM) Coverage
- If neither the company nor the driver’s insurance fully covers your damages, your own UM/UIM coverage may help.
- This applies if the at-fault driver wasn’t properly insured or if their policy doesn’t cover all your medical expenses and losses.
Challenges You Might Face When Holding a Company Accountable
While suing an individual driver in a regular accident is straightforward, companies have legal teams and insurance adjusters working to limit payouts. Here are some common roadblocks you may encounter:
- The company denies liability, claiming the driver was not working at the time of the crash.
- The employer argues the driver was an independent contractor, avoiding responsibility.
- The insurance company offers a low settlement, downplaying the severity of your injuries.
- Multiple insurers dispute who should pay, leading to delays in your claim.
When a company is involved, the stakes are higher—they will do everything possible to reduce their financial exposure. That’s why understanding how liability works and knowing what to expect can protect your rights.
What to Do After an Accident with a Company Vehicle
The moment after an accident is chaotic. But when the other driver is in a company vehicle, the situation becomes even more complicated. Unlike a typical crash, this isn’t just about dealing with another driver—it’s about dealing with a company, its insurance provider, and possibly its legal team.
Figure Out Who You’re Actually Dealing With
After a normal accident, you’d exchange insurance details, file a claim, and move forward. When a company vehicle is involved, though, it’s not just about the driver—it’s about who owns the vehicle and who is financially responsible for what happened.
A company won’t always openly admit responsibility right away. In fact, some businesses train their drivers to avoid admitting fault and to withhold company information unless specifically asked. If the driver is reluctant to provide company details, look for signs:
- Does the vehicle have a logo or business branding? Some delivery trucks, utility vehicles, and corporate fleet cars have clear markings.
- Does the driver have a uniform? If they’re wearing company apparel, that’s a strong indicator they were on the job.
- Are there work-related items in the vehicle? Delivery packages, tools, or ride-hailing service decals could be evidence that the driver was working.
Even if the driver says, “I was off the clock” or “This is my personal car”, don’t take their word for it. Some companies try to avoid responsibility by claiming the driver wasn’t working when, in reality, they were making a delivery, running a work errand, or commuting for a job-related purpose.
Be Careful What You Say at the Scene
If a company representative arrives at the scene, be extremely cautious. Some businesses send accident response teams or attorneys immediately to limit their liability. They may seem polite, even apologetic, but their goal is to minimize what they pay out.
- Don’t agree to any quick settlements or verbal promises. Some companies try to pressure accident victims into handling the situation “off the record” to avoid a claim against their commercial insurance policy.
- Avoid small talk about your injuries. Even saying something as simple as “I feel okay” can be twisted into an argument that you weren’t hurt.
- Never sign anything without legal guidance. If someone from the company hands you paperwork, don’t assume it’s just a routine report—it could be a document waiving your rights.
The less you say, the harder it is for them to twist your words.
The Police Report is Critical—Here’s Why
A police report is more than just documentation—it’s an official, third-party account of the accident. This can be one of the strongest pieces of evidence if the company later tries to dispute liability.
Make sure the officer includes:
- The driver’s full name, company name, and vehicle details. If this information isn’t included, the company could later deny involvement.
- Statements from any witnesses. Companies love to argue that their driver wasn’t at fault. Witness statements lock in the facts before they can change their story.
- Your injuries, even if they seem minor at the time. Some injuries worsen over time, and if they’re not in the police report, the company’s insurer may claim they weren’t accident-related.
If the officer doesn’t mention the driver’s employer in the report, follow up and request that this detail is added.
Corporate Insurance is Different—And More Difficult
Unlike personal insurance policies, corporate insurance providers have larger coverage limits and much more aggressive tactics. This means:
- They will investigate immediately—possibly before you even leave the accident scene.
- They may delay your claim, hoping you’ll accept a low settlement.
- They might argue their driver was off duty, even if they weren’t.
Company insurers have one goal: limit payouts as much as possible. Unlike a standard car accident where an adjuster may try to lowball you, corporate adjusters are trained to find ways to avoid liability entirely.
If you try to handle this alone, expect resistance, stalling, and underhanded tactics.
What You Need to Do Right Now
- Gather every piece of employer-related evidence. Photos of the vehicle, logos, uniforms, business paperwork inside the car—anything that ties the driver to a company.
- Get medical attention immediately. Delaying treatment gives the insurance company an opening to argue you weren’t seriously hurt.
- Request the police report as soon as it’s available. If anything is missing—like employer details—get it corrected.
- Notify your own insurance company, but DO NOT give a recorded statement without legal advice.
Common Challenges in Company Vehicle Accident Cases
Holding a company accountable for an accident isn’t as simple as filing a claim and waiting for a check. Businesses and their insurers use every tactic possible to limit payouts, shift blame, or delay compensation. If you’ve been hit by a company vehicle, expect challenges—but also know how to counter them.
The Company Claims the Driver Wasn’t “On the Clock”
One of the most common ways companies try to escape liability is by arguing that the driver was not on duty at the time of the crash. If they succeed, they may try to force you to go after the driver’s personal insurance instead—which likely has much lower coverage limits.
How they do it:
- Claiming the driver was off duty or running personal errands.
- Arguing that the driver was commuting to or from work, meaning they weren’t technically working.
- Saying the driver was using a personal vehicle for business and not covered by company insurance.
What you can do:
- Check for employer branding (uniforms, vehicle signage, delivery manifests).
- Ask for work-related documents—if they were transporting goods or completing a job, it proves they were working.
- Obtain GPS or time records—some drivers’ routes are tracked digitally, which can confirm they were on duty.
The Insurance Adjuster Tries to Lowball or Delay Your Claim
Unlike personal accident claims, commercial insurance policies come with large legal teams and aggressive adjusters. Their goal is to minimize what they pay—or avoid paying at all.
Red flags to watch for:
- The insurance company offers a quick, low settlement. They want you to take less before you know the full extent of your damages.
- They delay responding to your claim. The goal? Frustrate you into accepting less or giving up.
- They request excessive documentation. While some proof is necessary, too many requests can be a stall tactic.
How to push back:
- Never accept the first settlement offer without legal advice.
- Keep records of all communication. If they delay, written proof helps build a bad faith case.
- Know your claim’s worth. Corporate insurers often devalue medical costs and lost wages—having a lawyer calculate damages prevents them from shortchanging you.
Proving Employer Negligence
If you were hit by a company vehicle, the business may be responsible beyond just insurance coverage. In some cases, the employer itself may be negligent, which can increase your potential compensation.
Common employer negligence scenarios:
| Negligence Type | Example | How It Affects Your Claim |
|---|---|---|
| Negligent Hiring | The company failed to check the driver’s accident history. | Strengthens your case if the driver had past crashes or DUIs. |
| Poor Vehicle Maintenance | The company neglected repairs, leading to brake failure. | Company liability increases if improper maintenance caused the crash. |
| Unrealistic Work Expectations | The driver was overworked or speeding to meet a deadline. | If policies forced unsafe driving, the company shares blame. |
If corporate negligence played a role in the accident, your lawyer may be able to hold the company directly accountable, leading to higher compensation beyond insurance policy limits.
How a Lawyer Can Help with a Company Vehicle Accident Claim
These cases are different from typical car accidents—there’s more money at stake, bigger legal teams protecting the company, and complex insurance negotiations. Without an attorney, you’re at a serious disadvantage.
What a Lawyer Does in These Cases
- Investigates employer liability – If the company failed to hire qualified drivers or maintain vehicles, this increases compensation.
- Handles aggressive corporate insurers – Prevents lowball settlements, bad faith denials, and delays.
- Calculates full damages – Covers not just medical costs, but future treatment, lost wages, and pain and suffering.
- Files a lawsuit if necessary – If negotiations fail, legal action may be the best way to secure fair compensation.
Jack Bernstein Injury Lawyers: Experienced in Company Vehicle Accident Cases
For over 40 years, Jack Bernstein Injury Lawyers has been fighting for victims of corporate negligence and auto accidents in Nevada. We understand the tactics businesses use to avoid liability—and how to counter them.
Why Work With Us?
- Proven results in company vehicle cases – We have successfully taken on major corporations and insurers on behalf of our clients.
- Direct legal representation – You work directly with Jack Bernstein, not just a case manager.
- No fees unless we win – You pay nothing upfront; we only get paid if we recover compensation for you.
If you were hit by a company vehicle, you don’t have to fight this alone. Let our team handle the corporate insurance battle while you focus on recovery.
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Contact Us for a Free Consultation
If you have been injured in an accident, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas accident lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your injury claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after an accident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.
