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The Shoulder
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cool-owl-345

Hurt in a crash while driving for work — employer says they have no coverage. What do we do?

My husband works a route-based sales job where he's constantly driving between client sites throughout the day. Last week he got rear-ended pretty hard at an intersection while heading to a customer visit — the other driver ran a red light. He's dealing with a stiff neck, shoulder pain that won't quit, and some pretty bad headaches the doctors are keeping an eye on.

Here's where things get messy:

The job requires him to use his own car. When he was hired, they mentioned something vague about needing 'adequate insurance coverage' but nobody ever verified it, asked for proof, or followed up. He's been doing this for almost two years.

His employer is now saying they have zero liability because he's technically driving his personal vehicle. They claim they don't carry any commercial auto or employer liability coverage for situations like this.

His personal auto policy is pushing back too. Insurer is hinting that because he was on a work errand, this might not be fully covered under his personal policy. So now we're caught in the middle.

He can't work right now — partly the injuries, partly because his car is undrivable and repair costs are up in the air. Lost wages are already piling up.

We've been told to 'just talk to HR,' but every time we try to get anything in writing they dodge us and want to handle everything over the phone. That feels wrong.

Has anyone dealt with something like this before? Between the at-fault driver, his employer, and his own insurance, I don't even know who's supposed to be responsible here. Where do you even start?

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8 replies

  • 18
    swift-vole-905

    A few practical things worth doing right now:

    1. Document everything — photos of the car, all medical visits, every symptom your husband mentions, missed work days. 2. Request everything in writing from both the employer and insurance company. If they refuse, send them an email summarizing what they said on the phone ('Per our call today, you stated...'). 3. Look into your state's workers' comp rules for employees who drive for work — some states have specific provisions that could apply even when a personal vehicle is used. 4. The at-fault driver's liability policy should also be in play here, so don't lose sight of that claim either.

    Not legal advice — just process stuff I've seen matter a lot later on.

  • 9
    cool-swift-830

    Please make sure he keeps every single medical appointment and follows through on whatever the doctors recommend — especially with neck and head stuff. Headaches after an impact can be more serious than they seem at first, and gaps in treatment have a way of being used against injury claims later. Also, if the headaches are getting worse instead of better, go back in. Don't wait.

  • 12
    mellow-elk-197

    The fact that BOTH his employer AND his personal insurer are already hedging this early is a huge red flag. They're not confused — they're positioning. Every phone call where nothing is in writing is a conversation that 'never happened' if this goes sideways. Stop accepting calls as the primary communication method and start sending emails so you have a paper trail.

  • 15
    candid-newt-694

    I used to work on the carrier side and I can tell you — when an employer requires personal vehicle use and reimburses mileage or expenses, there's a real legal argument that they have some liability exposure regardless of what their policy says internally. Employers try to offload that risk onto employees all the time. Whether they actually have coverage or are just hoping you don't push back are two very different things. Definitely worth having someone with legal knowledge pull on that thread.

  • 12
    wise-otter-328

    Stop talking to his employer on the phone. Full stop. They are not your friends right now and verbal conversations leave no record. Email only from here on. And honestly? Get a lawyer on the phone before you do anything else — most do free consults and this situation has enough moving parts that going in blind is risky.

  • 15
    plain-mole-131

    This scenario actually involves at least three potential sources of recovery: the at-fault driver's liability coverage, your husband's own personal policy (possibly including underinsured motorist coverage), and potentially the employer under a 'respondeat superior' or negligent entrustment theory depending on your state. The employer's insistence that they have no exposure doesn't make it legally true. I'd strongly suggest a free consult with a PI attorney who handles both auto and employment matters — not legal advice, just genuinely worth the conversation before anything gets settled or signed.

    • 15
      steady-crane-887

      I'm so sorry you're dealing with all of this on top of just worrying about whether he's okay. The fact that you're asking questions and not just taking everyone's word for it is really important. Don't let them wear you down with vague answers and stall tactics. You deserve clear answers.

  • 6
    daring-swift-572

    Ugh, we went through something almost identical. My wife was doing field work in her personal car and got sideswiped on the clock. Her employer pulled the same 'not our problem' routine. What eventually helped was contacting an attorney who specifically handles work-injury and auto cases — because the employer-side stuff and the at-fault driver are two separate tracks that can run at the same time. Don't let them convince you it's one or the other.