Right After a Crash

What if the driver who hit me was working at the time?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
That frequently changes everything — an employer's policy usually carries far higher limits.

It's one of the most consequential facts in a crash case and it's frequently never investigated.

Why it matters. An employer can be liable for an employee's negligence committed within the scope of employment. Commercial policies typically carry limits many times higher than personal auto policies, which can be the difference between a claim capped by minimum limits and one that actually covers the damages.

How to find out. Ask at the scene. Note any commercial markings, magnetic signs, equipment, or uniforms. Photograph the vehicle including any DOT number. The registration may show a company owner.

Common versions: delivery drivers, contractors driving personal vehicles between job sites, sales staff traveling, and employees running errands for an employer.

Where it's contested: whether the driver was actually within the scope of employment, or was on a personal detour. That's a real dispute and it's fact-intensive.

Commercial vehicles also generate evidence personal vehicles don't — driver logs, dispatch records, telematics, and maintenance records. Preserving that requires acting quickly.

Ask whether they were working. Photograph anything with a company name on it. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.