If injuries to third parties or damage to the company vehicle occur, the respective usage situation of the car – whether for business or private purposes – is of central importance for the subsequent question of liability.
If the employee used the vehicle for business reasons, the principles of employee liability apply. In the event of intent or gross negligence on the part of the employee, the entire damage will be allocated to the employee. In the case of moderate negligence, liability is divided proportionally between employer and employee. In the event of slight negligence on the part of the employee, liability lies solely with the employer. Examples of gross negligence from case law include driving under the influence of alcohol, driving without a valid license, speeding, fatigue, ignoring traffic lights and incorrect refueling. However, this regulation of internal compensation for damages only applies to the relationship between employee and employer. The employee is fully liable to third parties. The employer is also obliged to take out fully comprehensive insurance. If he fails to do this, the employee is generally only liable up to the amount of the general deductible.
In cases where the company vehicle is damaged for private purposes, the employee assumes liability for damage caused intentionally or negligently; There is no liability privilege in this context. Private use also includes the journey between work and home. However, existing fully comprehensive insurance also applies to private trips.
Unauthorized private use of the company car that results in damage results in unlimited liability for the employee. This also applies if the employee leaves the vehicle, which is exclusively for private use, to a third party. In this case, the employee is also liable for damages for which the third party is not responsible because he himself acted in breach of contract.
In addition, the employee is also liable for damage caused intentionally or through gross negligence through improper treatment or care. An example of this is neglecting regular oil level checks, which leads to engine failure. Employee liability also applies in this case.
In summary:
|
Operational use |
Principles of employee liability apply |
|
Prohibited private use |
Unlimited liability |
| Private use | No liability privilege; Fully comprehensive insurance takes effect |
| Use by third parties |
Liability also for damage caused by third parties for which we are not responsible |
| Improper treatment or care | Liability in accordance with the principles of employee liability |
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You can find general information on labor law in our Blog for Employment Law.
2023-10-08 10:32:10
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