Landnews

Car accident while working

  • 1.  Car accident while working

    Posted 27 days ago
    Hello everyone,
    I am a W-2 employee who had an accident with a deer in my personal vehicle while traveling for work. I was not injured.
    Can I bill the cost of deductible for vehicle repairs to the company?
    Thanks for any comments,
    Jackie Smith


  • 2.  RE: Car accident while working

    Posted 27 days ago
    Not and keep your Ticket.

    And they won't pay it anyway.

    ------------------------------
    Charles Emery Tooke III
    Certified Professional Landman
    Fort Worth, Texas
    fieldlandservices@gmail.com
    713-931-LAND
    682-249-7144 Cell
    ------------------------------



  • 3.  RE: Car accident while working

    Posted 26 days ago
    I would think it might be safer to file it on your taxes as an Unreimbursed Business Expense and write it off that way.


    ------------------------------
    Christopher Foster CPL
    Professional Landman
    Independent
    Fort Worth TX
    (817) 996-6464
    ------------------------------



  • 4.  RE: Car accident while working

    Posted 26 days ago
    Jackie,
    Your company should carry "non-owned auto liability" coverage under its general liability policy for employees driving personal vehicles while working.  I am by no means an insurance expert, I suggest you talk with your company insurance person to see if the company's GL policy will cover it.

    ------------------------------
    Nicholas D Hess, CPL

    President
    Cobalt Energy, LLC
    Wichita, Kansas
    ------------------------------



  • 5.  RE: Car accident while working

    Posted 26 days ago
    I would think that if you are a W2 employee and not contract, that your work time per se, does not start until you arrive at work.  You don't bill your mileage to and from work do you?  I would think you are probably stuck with paying your own bills on this one.  I can't see how the company you work for would be liable in any way.

    Dee Ann Allen, RPL
    P.O. Box 3794, McAlester, OK  74502
    (918) 421-1606
     

    1 Corinthians 2:5 ~ 

    So that your faith might not rest in the wisdom of men, but in the power of God.


    The information contained in this e-mail message and any attachments may be privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by replying to this e-mail and delete the message and any attachments from your computer.
     
     





  • 6.  RE: Car accident while working

    Posted 26 days ago
    Probably not the best place to be asking this question.

    ------------------------------
    Frank Camp, Jr., RPL
    Independent Petroleum Landman
    Tyler, Texas
    ------------------------------



  • 7.  RE: Car accident while working

    Posted 26 days ago
    As you are an employee versus a contractor, I'm not quite sure what the laws/practices are. You could consult a lawyer to see if there are options, but would hate for there to be negative repercussions from your employer. I would imagine that since you choose to make the drive for work and no one is forcing you to, you are ultimately responsible for your deductible, thus the reason we have insurance in the first place.

    Now I believe if you are in a company vehicle, then the company would cover the costs.



    Michelle F. Llanes, RPL

    Landman and Co-Owner

    Senall Sabres, LLC

    (281) 543-6848 [cell]

    https://www.linkedin.com/in/mfllanes










  • 8.  RE: Car accident while working

    Posted 26 days ago
    Not to be a detractor, but this is the wrong forum. Please see a tax attorney for this answer; or at least your accountant or a C.P.A.  Too many other questions that need be asked regarding your situation.
    Ken Appis...retired after 40 years in land work.

    Sent from Windows Mail






  • 9.  RE: Car accident while working

    Posted 26 days ago
    If you are traveling for company business as a W-2 employee, then you typically entitled to bill your employer for mileage reimbursement for use of your personal vehicle at the IRS approved rate (currently around $0.57/mile). This mileage reimbursement covers gasoline, wear and tear on the vehicle and auto insurance. Since the damage to the vehicle would not have occurred except for the fact the employee was traveling on company business, it is my opinion the employer is responsible for paying the deductible, even if the employee was at fault in the accident, unless the accident can be shown to be a result of the employees gross negligence or willful misconduct (ex. - driving while under the influence, texting while driving, driving too fast for current road conditions such as ice or snow, etc.). If the employee had been traveling on company business with a company vehicle, the employee certainly wouldn't be out of pocket for any insurance deductible. So, why should it be any different if the employee was using its own vehicle for company business?


    ------------------------------
    Dorsey Roach CPL
    Oklahoma City OK
    (405) 301-5068
    ------------------------------