If you’re in a car accident while you’re working, you’re entitled to workers’ compensation benefits. However, workers’ comp doesn’t pay you for pain and suffering. It also doesn’t pay you for the one-third of your lost wages that workers comp doesn’t pay.
If the driver who caused the crash is uninsured or underinsured, your only hope of getting paid for pain, suffering and your unpaid lost wages may be through uninsured motorist (UM) insurance.
If you don’t qualify for uninsured motorist insurance from your own personal vehicle(s), or a family member’s vehicle, you may need to look for UM insurance on your employer’s vehicle.
Can an Employee, Who is Hurt While Working, Make a Claim With His Employer’s UM Insurance?
Maybe. Request a copy of your employer’s business automobile liability policy. Make a UM claim with that policy.
Look to see if your employer’s auto insurance policy has UM coverage. If it does, you may be able to make a UM claim if you were a driver or passenger of a vehicle. Zurich American Insurance Company v Cernogorsky, Fla: Dist. Court of Appeals, 3rd Dist. 2017.
If Your Employer’s Auto Policy Doesn’t Have UM, Can You Still Get UM Benefits?
If your employer’s auto policy doesn’t have UM, you still may be able to get UM benefits.
Look at the policy to see if it is a primary liability auto insurance policy, or whether it’s an excess liability policy.
The employer’s auto policy is likely primary for vehicles that the employer owns or leases. The employer’s auto policy is likely excess if you were driving your own vehicle.
Primary Policies Need a Written UM Rejection
If it’s a primary liability policy, the insurance company was required to get a written rejection of UM benefits. Florida Statute 627.727(1)
If it’s a primary policy, and the insurance company failed to get written rejection, then you should get UM coverage up to the BI limits.
No Written UM Rejection Required if it’s an Excess Policy
If the employer had an excess liability policy, and not a primary policy, then the insurer wasn’t required to get a written UM rejection. Florida Statute 627.727(2).
Thus, if the policy is an excess auto liability policy, and it doesn’t have UM coverage, the employee likely won’t get UM coverage.
If the employee is a passenger or driver in the vehicle, he or she is a class II insured. This assumes that the employee is not a named insured on the employer’s auto policy.
Class II insureds can’t stack the UM coverage for the vehicles on the employer’s auto policy.
I Was a Pedestrian Hit By a Car, Will My Employer’s Uninsured Motorist Insurance Cover Me?
No, unless you are a named insured in your employer’s policy or are a family member of an insured. Zurich American Insurance Company v Cernogorsky, Fla: Dist. Court of Appeals, 3rd Dist. 2017.
If you’re a family member of the named insured, and you were hit while a pedestrian, your employer’s auto policy would need to include family members in the definition of “insured” for you to get your employer’s UM benefits. Sterling v. Ohio Cas. Ins. Co., 936 So. 2d 43 – Fla: Dist. Court of Appeals, 2nd Dist. 2006
Will Business Auto Insurance Cover Me if I am a Family Member of the Business Owner, and I Was a Pedestrian When I Was Hit?
No, unless the definition (in the policy) says that “insured” includes “a family member” of the owner of the insured commercial vehicle. Sterling v. Ohio Cas. Ins. Co., 936 So. 2d 43 – Fla: Dist. Court of Appeals, 2nd Dist. 2006
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