Compensation from Work on a Car Accident

Sarinella on 17/10/2023 - 20:22
Last edited 18/10/2023 - 14:50 by 1 other user

Hi, I went to training requested by my employer today. I used my car to get to the training location.

After the training, I reversed my car to get out of the parallel parking and hit the car parked behind me.

My question is if the insurance decides I was faulty in the accident, can I claim the costs involved from my work place? I have a comprehensive car insurance but there will be an excess involved.

Edit:
I’m surprised at the level of judgement and anger everyone has toward someone who has simply asked a question. If it wasn’t a virtual table of discussion I think everyone had put a knife into my stomach for asking a question!!!!
Yes I waited for the driver to arrive and didn’t leave the scene!
The damage to the other car was minor as it was parked tooooo close to me and infront of the driveway and as soon as I took my feet from the break I hit the car.
My assumption when I tried to reverse was that no one could have parked behind me so I didn’t check which is my bad.
I have been driving for 20 years with no accidents and demerit points for information of all you judgmental people.
I am just so annoyed of seeing all these people who have nothing else. Shame!!!

Automotive

closed Comments

  • Hybroid on 17/10/2023 - 20:24
    +137

    Why would your work place be culpable for an accident you caused?

    They're also not on the hook for paying your speeding fine to make it to the training on-time…

    • CalmLemons on 18/10/2023 - 19:32
      +5

      Cause they have to see if "the insurance decides I was faulty in the accident,"

      OP - the comments are really normal and standard for the internet. May need to reflect on your perspective though.

      Workplaces are not responsible for the cost to get to and from work, including accidents in your own personal vehicle.

      Good on you for actually having insurance unlike most of the posters on here, actually well done on that.

      • Ridiculous Panda on 20/10/2023 - 07:53
        -2

        If you are replying to the OP, then don’t reply to the first reply. That is like jumping the queue! Bad internet etiquette.

        • CalmLemons on 20/10/2023 - 22:44

          Have you read the three body problem?

          There is a famous line, which I will adapt to this context, "If I write this, what business is it of yours?"

    • SydBoy on 20/10/2023 - 05:56

      LoL … Employer paid to the person who went to work training and fell during sex after the training finished in hotel room… !

      OP is asking question which is valid and need not to be judgemental.

  • FocusRider on 17/10/2023 - 20:25
    +43

    Lol can’t be serious?

  • pazloft on 17/10/2023 - 20:28
    +33

    Hitting a car that is parked automatically makes you at fault, regardless of where the car is parked.

    RE work paying for costs i doubt it but, you can ask and worst case they say no.

  • payton on 17/10/2023 - 20:31
    +31

    lol was it a driver education course they made you attend?
    Didn't check mirrors b4 you reverse ?

  • mbck on 17/10/2023 - 20:35
    +19

    Ah yes its always someone elses fault isn't it? The fact that you, in a moving vehicle, hit a non moving object, means it's someone else's fault.

    You know what? Try and bill your employer, go ahead. You're right they should pay. Go get 'em tiger. Go to the tribunal if they refuse! Get a lawyer! Sue them.

    /s

  • freefall101 on 17/10/2023 - 20:46
    +20

    You should totally ask, it will be a hilarious office story for years to come.

    They are under no obligation to pay it though, why would they be?

  • Muzeeb on 17/10/2023 - 20:59
    +36

    My average day has taken a sudden turn for the better. Thanks op.

  • pegaxs on 17/10/2023 - 21:00
    +9

    Lol. Never a dull moment.

    Anything else you want to do and get your employer to pay? Trade stocks on company time and if you lose, you can always charge it to the company.

    Why the (fropanity) would they pay when you are at fault?

    Next time, take the company car and smash that one up instead.

  • tsunamisurfer on 17/10/2023 - 21:12
    +26

    Can you believe there exists people of this calibre? The lack of personal responsibility is f'ing amazing.

    Hope the OP tries this on his boss.

  • Euphemistic on 17/10/2023 - 21:48
    +13

    You were definitely faulty in the accident.

    • Serapis on 19/10/2023 - 16:10

      It's not a matter of fault but rather who is responsible for the excess if OP is deemed at fault because:
      a. This is training requested by the employer at a training location (presuming it is not OP's usual place of employment); and
      b. They used their own car to get to the training (uncertain whether it's necessity or on their own volition).

      IMO the answer is likely that OP will need to deal with the excess themselves.

  • AustriaBargain on 17/10/2023 - 21:58
    +1

    It was your own car and you were presumably on your way home. Maybe if you reversed in a work car and the brakes failed you'd be covered.

  • Mechz on 17/10/2023 - 22:08
    +4

    If you were in an accident and injured, I believe they would have some liability.

    This however, is all on you.

  • miwahni on 17/10/2023 - 22:12
    +10

    Firstly, highly unlikely that your employer will compensate you for being careless. Secondly I'm really curious about your statement "if the insurance decides I was faulty…" Why would they not? Do you think it's likely that they'll find your employer is at fault? Or have you told them porkies about the accident?
    Thirdly congratulations on having comprehensive insurance.
    Fourthly is it possible you could have two excesses - one for the claim to fix your car, and one for the claim to fix the car you hit? Check your PDS. Still cheaper than fixing both cars out of your own pocket.

    • AustriaBargain on 17/10/2023 - 22:23
      -2

      This is all moot because if he was on the way home then he wasn't on the clock, he wasn't an employee. He was just himself who smashed into another person. He should be embarrassed to even tell his employer about the accident.

      • miwahni on 17/10/2023 - 23:11

        None of this is moot. Highly unlikely employer will compensate. Why would insurer not find OP at fault? Good on OP for having insurance. May have two excess to pay? Check.
        Not moot at all, all relevant points.

      • cookie2 on 18/10/2023 - 06:57
        +4

        Actually regarding not being at work, i believe that's incorrect.
        From memory coverage for what's deemed work location, includes going to and from a location that isn't a normal place of work. If there was an injury, OP could get assistance. In this case tho op just fd up.

        • ThithLord on 18/10/2023 - 09:55
          +1

          You're covered under WorkCare for injuries driving to/from work, as well.

          • pegaxs on 18/10/2023 - 11:18

            @ThithLord: Depends on state, but some times, no, you’re not. It also depends on if you have been asked to attend a different place to to your usual place of employment (ie: told to meet at a function centre for a training day/conference)

            In Victoria when I was working there, I literally had a car accident 20m from work on my way home from a shift. When I did some digging around, it turns out work didn’t want to know because motor vehicle accidents are covered by TAC and not WorkCover.

            • ThithLord on 18/10/2023 - 11:43
              +1

              @pegaxs: I stand corrected - I thought each state has similar protections. I was covered when I stacked it on my bike en route to work in QLD

              • based on 18/10/2023 - 15:53

                @ThithLord: I heard a story the same as yours recently - bike stack in qld, they were a casual. I thought they had no chance but sure enough work cover covers it

  • JIMB0 on 17/10/2023 - 22:38
    +7

    If they agree ask them to top up your super as well to make up for the market being down.

  • JimmyF on 17/10/2023 - 23:05

    My question is if the insurance decides I was faulty in the accident, can I claim the costs involved from my work place?

    LOL….

  • Tee Rex Arms on 17/10/2023 - 23:52
    +1

    On the clock still, claim workcover for your injury.

  • altomic on 18/10/2023 - 01:00
    +3

    claiming costs is for regular business related expenses occurred during the course of your employment.

    not for when you (profanity) up and hit a parked vehicle with your own car.

  • solidussnake on 18/10/2023 - 07:18
    +2

    Please tell me you did the right thing and left your details on the car you damaged…

    • Brian McGee on 18/10/2023 - 07:51
      +7

      Prolly left the business card of the general manager.

  • Brian McGee on 18/10/2023 - 07:49
    +1

    If you went to get lunch during the work day and reversed into a car behind you would your company compensate you?

    The only thing your company may do is compensate you for fuel used. Or you could claim the whole trip on tax (fuel,maintenece costs) but you won't be able to claim for incompetence.

    You may even find your insurance won't cover you as you were using your private vehicle for a business purpose (or have you rego'd/insured your car as a business vehicle?).

    • CocaKoala on 18/10/2023 - 22:34

      you won't be able to claim for incompetence.

      You're not gonna believe this

      • miwahni on 18/10/2023 - 22:39

        You can claim for accidental cults? I'm in!

      • Brian McGee on 19/10/2023 - 07:53

        But who won the 2022 or 2023 awards for incompetence service?

        • CocaKoala on 19/10/2023 - 08:44
          +1

          But who won the 2022 or 2023 awards for incompetence service?

          Qantas.

  • Sinnerator on 18/10/2023 - 08:21
    +4

    Yes, absolutely, best to get drunk first and demand payment from your boss
    IANAL

  • JafferMoney on 18/10/2023 - 08:33
    +7

    I feel sorry for your employer…they don't know what they're in for…the ridiculous entitlement of some people…

  • DGrayson82 on 18/10/2023 - 09:26
    +12

    I havent been on the forums long but I am convinced that half the posters here are trolls

    • Protractor on 18/10/2023 - 09:48
      -2

      Half, try most (in the car/neighbour/insurance category). What's more interesting is the blind commitment given to complicated replies by the stalwarts of the forum.

    • plmko on 18/10/2023 - 09:51
      -3

      They are Ozb sockpuppet accounts. Mods and staff have figured out how to generate buzz and push Google rankings.

  • Protractor on 18/10/2023 - 09:46
    +1

    Yes, you can make them pay.Why should your poor driving influence law or a free repair?
    Also they are liable for any dental work for teeth that wear out during the meals you eat at work.

  • godofpizza on 18/10/2023 - 10:03

    what was the training for? Road Safety?

    Have you tried asking you employer for their response? was it 'j jonah jameson laughing' gif?

  • [Deactivated] on 18/10/2023 - 10:31

    Are you trying to wrangle compensation from your employer for repairs to your car just because you drove it whilst commuting for the express purpose of your job? Is this like an extension of the laws for worker's comp. where you are injured in the course of commuting to your work?

  • Some Human on 18/10/2023 - 10:35
    +10

    if the insurance decides I was faulty in the accident

    when*

  • Caped Baldy on 18/10/2023 - 10:38
    +18

    My question is if the insurance decides I was faulty in the accident

    Are you hoping your insurance pins the blame on the stationary, parked and driverless car?

    • Nugs on 18/10/2023 - 10:41
      +4

      might have been a self driven tesla?
      .

    • Drakesy on 18/10/2023 - 11:30
      +2

      Gold

    • nigel deborah on 19/10/2023 - 06:42

      This is possible if the vehicle is parked somewhere completely negligent. Not that it sounds like that was the case for OP

  • SmiTTy on 18/10/2023 - 11:01
    +1

    I think you're referring to workers compensation which would cover you if you got injured going to a work event (at least in NSW… Maybe not in all states)

    But no, you need to claim your own insurance in this case

  • Drakesy on 18/10/2023 - 11:29
    +1

    Insurance is incorporated into your end of year tax deduction of 80c/km or your business reimbursing you per km travelled. Ya can't double dip.

    1/10 troll.

  • Seraphin7 on 18/10/2023 - 11:34
    +4

    Please claim this as a work expense. Inform as many colleagues as possible of what you are doing. You will be lauded across the industry and immediately promoted three rungs.

  • fullmetal on 18/10/2023 - 11:35

    You maybe able to claim under vicarious liability. Especially if you are still on the clock going back to the office after training. I am no lawyer though, excess probably cost cheaper than a lawyer.

  • fez5stars on 18/10/2023 - 11:45

    Are you a member of a union? Your union may have travel to and from work insurance, (i dont think it includes between travel between places of work). Check with your union.

  • Brianqpr on 18/10/2023 - 11:45
    +2

    "if the insurance decides I was faulty in the accident"

    You've just admitted reversing into a parked car on a public forum. Please tell me this was a joke post!

    Reminds me of years ago when my wife hit her father's car that was parked outside our house and tried to say it was his fault for parking there.

  • techdave on 18/10/2023 - 11:48

    Hmm next time somebody goes to training using public transport, forgets to tap myki, gets a fine.. could ask for compensation from the employer? Nice… /s

  • Mrgreenz on 18/10/2023 - 12:16

    100%

    If they kick up a fuss, tell them to claim it from clients.

  • Click_It on 18/10/2023 - 12:51

    "My question is if the insurance decides I was faulty in the accident, can I claim the costs involved from my work place?"

    Your best chance is they find that irritable driver behind you at fault. The nerve of that guy parking behind you. Throw the book at him. Or the car park lot itself, I'm sure there was a design flaw somewhere that prompted you to hit the car behind you. Or weather conditions, or the solid 9.5 blonde who was walking by. There's a few options to explore.

    (Not financial or legal advice)

  • Zapwap on 18/10/2023 - 13:17
    +5

    I had an appointment with a barber last week. After appointment, I reversed my car into another car in a parallel car park.
    My question is if the insurance company decides I was at fault, can I claim the costs involved from my barber?

    How does this sound op?

    • Poor Ass on 18/10/2023 - 14:28

      maybe $15 for the shitty haircut

      • Herbse on 18/10/2023 - 14:41
        +2

        $15 for a haircut?

        When was the last time you paid for one?

        • Poor Ass on 18/10/2023 - 15:20

          $15 is pretty standard for a quick cut

          The ones you insert the money and you get a ticket

          Obviously you haven't been and not in this demographic

        • OZKap on 18/10/2023 - 18:59

          A true ozbargain user bought the $20 hair clipping kit from Aldi and hasn't been to a hairdresser since.

  • May4th on 18/10/2023 - 13:39
    +2

    to play devils advocate I think OP is asking about workcover - which USED to cover trips to and from work but no longer. the insurance is only for your medical expenses, not to property which doesn't apply in this case.

    • pn09 on 18/10/2023 - 14:20
      +2

      I don't think they are talking about Workcover - as they're talking about comprehensive car insurance, excess, damage to parked car, etc.

      That said - you may well have provided an idea for a new thread that may appear shortly ;-)

      • Typical16-bitEnjoyer on 18/10/2023 - 15:11
        +16

        … Who is angry? Pretty certain everyone is laughing.

      • dtxau on 18/10/2023 - 16:05
        +6

        My initial reaction to your post was "lol, can't be serious right?" I'm sure many had the same reaction, and not one of anger. But you also have to be accountable for your post. Read it again, it sounds so entitled and unbelievable. Had you constructed your post in a different manner, then you probably would have more members respond back with the answers you were seeking.

        Also, you can claim my post against your company's insurance.

      • Brianqpr on 18/10/2023 - 16:37
        +2

        Because trying to get covered for something that was clearly your own fault is a bit much. You've now admitted to not looking before reversing! Come on now, we've all had a drink.

        The other car may not have been well parked or might have parked too close. But if you hit it, when it is stationery, that's on you.

      • Zapwap on 18/10/2023 - 16:41
        +2

        Nice, after a troll post, we've a troll comment too!

      • cevad on 18/10/2023 - 19:18
        +3

        if you don't want to be judged, don't post stuff like this on an internet forum….

      • darkmattersunB6c0MV on 19/10/2023 - 06:36

        I just read the thread.
        Please read what you posted.

        Personally, I would hate to be a manager for someone who doesn't take responsibility for their actions. I don't mind people #ucking up, and they have that safety net of psychological safety knowing that I have their back, but have zero tolerance for people who try to play victim or act entitled.
        Hence, I lead a high performing team.

        For the next time, think what you could do to avoid the situation ( e.g. check the rear view mirror).
        You should be thankful it was just a car you hit, and not a child.
        And no one is angry, the feeling is incredulity.
        :-)

  • hasher22 on 18/10/2023 - 14:04
    +6

    All I can say is…. Wow….

  • 2024 on 18/10/2023 - 14:36

    You might be able to claim it as a travel expense for training at tax time…

    https://www.ato.gov.au/individuals/income-deductions-offsets…

    • newjerseydamo on 19/10/2023 - 07:35

      Except it's not self-education. It's something being provided by the employer, so there's nothing for the employee to claim.

      • 2024 on 19/10/2023 - 08:43

        What are self-education expenses?
        Self-education expenses are the costs you
        incur when you:
        • undertake courses at an educational
        institution (whether or not the courses lead
        to a formal qualification)
        • attend work-related conferences or seminars
        • do self-paced learning and study tours
        (whether within Australia or overseas).

        I was hoping this would qualify under one of these bullet points (probably the first or the second one) and then the rules for cars and other travel would apply

        https://www.ato.gov.au/individuals/income-deductions-offsets…

        There is a specific example on the page I linked that is very similar to this scenario. Akito’s employer pays for training, and Akito can claim travel…

        • newjerseydamo on 19/10/2023 - 11:13

          Interesting. I would never have thought that to be the case for attending work-related conferences or seminars, I just expected it to be counted as work.

          Good to know.

          In saying that though, the damage isn't tax deductible.

          • 2024 on 19/10/2023 - 12:10

            @newjerseydamo:

            In saying that though, the damage isn't tax deductible

            Are you sure? Where are you getting this info from?

            ATO has ruled otherwise…

            The insurance excess was only payable in respect of a claim arising out of the work related use of the taxpayer's motor vehicle. The excess was payable by the taxpayer regardless of whether any other party was involved in the work related motor vehicle accident, and whether or not any damage was sustained by the taxpayer's own motor vehicle.

            https://www.ato.gov.au/law/view/document?docid=AID/AID200439…

            • newjerseydamo on 19/10/2023 - 12:26

              @2024: Your example isn't a good one because it specifically relates to work related use. Therefore, deductions can be claimed for any and all work-related expenses.

              The OP used a private vehicle to travel to and from the work-related training hence not work-related use. The OP (according to the ATO website) can claim the costs of travel to and from the training location, i.e., fuel/wear and tear.
              Insurance excess isn't a normal cost of travel.

              I mean, the OP can try, but I'd be very surprised if it was allowed for a private vehicle.

              • 2024 on 19/10/2023 - 12:38

                @newjerseydamo: Again

                Akito can claim a deduction for the car expenses he incurs when he travels between his home and the conference centre each day. Akito can also claim the cost he incurs for parking at the conference centre each day.

                The accident (insurance excess and damage) has been ruled as a car expense.

                It is work related because the training is work related. It is part of their income earning activities, as opposed to private in nature.

                If the training was for a new job or something not relating to their current position, it wouldn’t be deductible. If it isnt work related, it is not an eligible deduction.

                Case T22 86 ATC 223; Case 25 (1986) 29 CTBR (NS) 173 (Case T22) recognised that liabilities arising out of motor vehicle accidents may be incidental and relevant to the taxpayer's income earning activities.

                Attending work related training is relevant to income earning activities.

  • CodeXD on 18/10/2023 - 14:37
    +5

    🤣😂🤣😂

  • Dreamcast on 18/10/2023 - 14:47
    +8

    Blame the department that issued you a drivers license. They should compensate you for incorrectly approving you to drive.

  • lainey13 on 18/10/2023 - 15:13
    +6

    If the car was parked so close to yours, how could you fail to notice it?

    • Typical16-bitEnjoyer on 18/10/2023 - 15:33
      +1

      15 year old investment Audi with no rear cameras. Or mirrors.

    • yadq on 18/10/2023 - 15:52
      +1

      It was parked so close it was completely blocking the field of view

  • FlyingMiffy on 18/10/2023 - 15:48

    Yeah nah. On a brighter note, you can claim tax on the expense of driving there in your FY24 tax return… that would be more legally and morally correct.

  • Aerith-Waifu on 18/10/2023 - 17:31

    They need to pay! LOL

  • syousef on 18/10/2023 - 17:35
    +2

    OP

    1. As Halc mentioned workers compensation no longer covers accidents travelling to or from work. It's been that way for a few years.

    2. The reason you got so much backlash is that:
      a. You asked " if the insurance decides I was faulty in the accident" … when it's quite clear that no one else could be at fault. You were the only one in control of a vehicle at the time.

    b. You stated you have full insurance so you know you'll only be out of pocket for the excess and any increase in premiums but you're still trying to see if the employer will cover at least the excess. (Not sure if you hadn't thought about the increase in premium after an at fault accident).

    c. You don't seem to understand that it could be much worse. You didn't look where you were reversing and should be grateful no one was injured.

  • smartazz104 on 18/10/2023 - 18:37

    My assumption when I tried to reverse was that no one could have parked behind me so I didn’t check which is my bad.

    Well you know what they say about assumptions.

  • xavster on 18/10/2023 - 19:47

    Your employer will have workcover, however, this only covers injury to you, it does not cover property damage.

    You will need to lodge an insurance claim or settle the matter privately with the other driver if the cost is less than your excess.

    Any costs you incur as a result of your use of your vehicle for work purposes, you may be able to claim a portion of the cost as part of travel expense. Talk to your accountant.

    • brad1-8tsi on 18/10/2023 - 20:36

      Your employer will have workcover, however, this only covers injury to you,

      No WorkCover to/from place of work

  • Cheapskate Paul on 18/10/2023 - 19:58

    I know of one Enterprise Agreement that covers the excess up to $350 if a worker is involved in an at-fault accident while using their own vehicle for work purposes.

    If the worker was driving an employer provided car, the employer would pay the excess.

    • nigel deborah on 19/10/2023 - 06:46

      Yeah, it's not totally out of the realms of possibility. My employer pays everything in the case of an accident in a work or rental vehicle (while on duty). Even though by the logic above its my fault so I should pay.

      I wouldn't expect that in the circumstances OP is in (personal vehicle going to training) but if you had a very nice employer maybe it is possible.

  • CocaKoala on 18/10/2023 - 20:03
    +1

    Can't stop laughing. Oh my God, the entitlement 🤣😂

  • brad1-8tsi on 18/10/2023 - 20:34

    My last job part of using your own vehicle for work purposes was that you had to have comprehensive insurance for your vehicle. This was because if you had any form of accident it was your problem. It was all written on the form asking for permission to use your own vehicle and be paid mileage.

    I hit a pothole on Bringelly Rd, NSW and wrecked a tyre. Asked for compensation and it was denied.
    After that I only used pool cars, hire cars or taxis, no matter how much extra time it added to my journey or how much it cost the company.

  • Captain M on 18/10/2023 - 21:12

    What was the training about?

    • niyiaw on 18/10/2023 - 21:33
      +1

      parking obviously…

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