As an employer, you are responsible for the safety of your employees while they carry out their work. But what happens if an employee is involved in a (traffic) accident while travelling? Is that your responsibility — and are you liable for the resulting damage?
Work-related travel
When an employee travels for work, for example from the office to a client or appointment, this counts as work-related travel. In that case, the travel falls within the performance of their duties. If an accident happens along the way, you, as the employer, are, in principle, liable for the damage — even if the employee themselves makes a driving error. The damage can consist of medical costs, loss of income, damages for pain and suffering, and legal costs.
Commuting
The situation is different for an accident during the daily commute. Travel to and from work is generally regarded as private time. This means that, as an employer, you are, in principle, not liable for the damage suffered by an employee who has an accident on the way home or to the office.
There are, however, exceptions. Where the journey has a clear work-related character — for example because the employee runs an errand on your instructions along the way, or picks up colleagues — liability can nevertheless fall on the employer.
Insurance: being well prepared for risk
To limit financial risk, employers can take out additional insurance, such as passenger insurance (Schadeverzekering Inzittenden, SVI) or motor vehicle employer liability insurance (WEGAM). These policies provide cover for personal injury regardless of who is at fault for the accident. For employees with a lease car, SVI insurance is even mandatory, so that personal injury can be compensated even where the employee is at fault themselves.
Why this matters for employers
Traffic accidents can have major personal and financial consequences. A clear understanding of your liability — and appropriate insurance — prevents disputes and high costs down the line.
