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When the employer is responsible
In California, an employer is generally liable for injuries caused by an employee driving within the scope of employment. Lawyers call this respondeat superior. It means you may be able to bring your claim against the company and its insurance as well as the driver. The company name on the car is a starting point, not proof.
The key question is whether the driving was part of the job. Where was the driver going? Who sent them? Were they on the clock, making a delivery, or driving to a client? Work schedules, dispatch records, phone logs and mileage reports help answer this. The company may argue the driver was on a personal errand, so those records matter.
If the driver was off duty
Even when the driving was personal, the company may still answer as the owner of the car. In California, a vehicle owner is liable for injuries caused by anyone driving it with permission. When the owner was not negligent itself, that owner liability is limited to $15,000 per person, $30,000 per accident and $5,000 for property damage.
Those limits apply only to the owner’s liability as owner. The driver can still be responsible for the full harm they caused, and the driver’s own insurance may apply. If the company was careless in its own right, the limits on owner liability do not cap the claim against it. Sorting out which policies apply takes the declarations pages and the facts of the trip.
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Leased and rental company cars
Many businesses lease their cars or rent them for a trip. Under the federal Graves Amendment, a rental or leasing company is generally not liable just because it owns a vehicle that a renter crashes, unless the company itself was negligent or committed a crime. So the claim usually focuses on the driver and the business that had the car.
That is why it helps to get the registration, the rental agreement number if there is one, and every insurance card the driver hands you. A company car can be covered by the business’s fleet policy, the driver’s personal policy, or both. Your lawyer can ask each insurer to confirm coverage in writing before any offer is discussed.
What to do now
Get medical care right away and keep every appointment. Take photos of the cars, the company name or logo, any vehicle number, the scene and your injuries. Ask the driver for their name, their employer, the license, the registration and the insurance card. Get witness names and the police report number, and report the crash to your own insurer with the basic facts.
Keep your bills, receipts and pay records. Do not sign a release or give a recorded statement to the company or its insurer before you talk with a lawyer. California uses pure comparative fault, so any blame placed on you lowers your recovery. An injury lawsuit must generally be filed within two years; in Washington, generally within three years.
How Beverly Law can help
We can find out who employed the driver, ask the company to keep its records, and identify every policy that may apply. You owe no fees or costs unless we win. Call (310) 552-6959 or use the form on this page, and we will look at what happened and explain your options in plain words.
Every company car crash comes back to two things: who owned the car and what the driver was doing. You may also want to read what happens after a crash in a borrowed car, who pays after a rental car accident, what to do if a city or county vehicle hit you, and who is liable in a truck accident.
Common questions
Is a company liable if its employee hit me?
Generally yes, if the employee was driving within the scope of the job when the crash happened. California calls this respondeat superior. The company and its insurer may then be responsible. Records showing where the driver was going and why help prove the driving was work.
What if the employee was running a personal errand?
The company may argue it is not liable as an employer. It may still be liable as the vehicle’s owner, but owner liability is limited to $15,000 per person, $30,000 per accident and $5,000 for property damage when the owner was not negligent itself.
Does the company’s insurance cover the crash?
It may. A company car can be covered by the business’s fleet policy, the driver’s personal policy, or both. Which one pays first depends on the policy terms and the facts. A lawyer can ask each insurer to confirm coverage in writing.
What if the company car was leased?
Under the federal Graves Amendment, a leasing or rental company is generally not liable just because it owns the car, unless it was negligent itself or committed a crime. The claim usually focuses on the driver and the business that was using the car.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
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Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.