The answer is yes, you may be able to sue the employer for damages, depending on the circumstances.

Employers can be held liable for the actions of their employees under a principle known as vicarious liability. This means that a company can be held responsible for damages caused by an employee while performing their job.

This is particularly important in motor vehicle accidents involving: Company cars, Delivery vehicles, Trucks and fleet vehicles etc.

When Can You Claim from the Company?

To succeed in a civil claim against a company for vehicle damages, you must prove:

1. The Driver Was Employed by the Company - You need to show that the person who caused the accident was an employee of the company at the time.

2. The Employee Was Acting Within the Course of Employment - The company will only be liable if the employee was performing work related duties when the accident occurred.

Examples include: Making deliveries, traveling between job sites, running errands on behalf of the employer etc.

If the employee was using the vehicle for personal reasons without permission, the company may not be liable.

3. The Driver Was Negligent

You must prove that the accident was caused by the driver’s negligence, such as: Failing to keep a proper lookout, driving at an excessive speed, ignoring traffic signals, not keeping a safe travelling distance or any other factor that might have caused the accident.  

What Can You Claim in a Civil Matter?

In a claim specifically for vehicle damages, you may recover:

• The reasonable cost of repairs
• The pre-accident value of the vehicle (if it is written off)
• Towing and storage costs
• Loss of use (in some cases, such as rental vehicle costs)

Why Sue the Company?

There are practical advantages to including the company in your claim as companies are more likely to have insurance which means there is a higher likelihood of recovering your damages and it reduces the risk of the individual driver being unable to pay.

If your vehicle was damaged in an accident caused by someone driving for work purposes, you may have a valid civil claim against both the driver and their employer. Because these matters can become legally complex, especially when companies deny liability, it is advisable to seek legal assistance to ensure your claim is properly pursued.