Who Is Liable When Bad Weather Causes an Accident in Nova Scotia
What Happens If I’m in a Car Accident at Work in Nova Scotia?
Getting into a car accident during work hours raises a lot of questions: Who’s responsible? Will workers’ compensation cover anything? Should I file a car insurance claim? In Nova Scotia, what happens when you get in an accident in a company vehicle depends on several factors, such as who was at fault, whether the at fault vechile was employer-owned or personal, and whether the task you were doing was work-related.
If you were driving as part of your job duties—delivering goods, travelling between job sites, or attending offsite meetings—you may be eligible for a work accident claim through the Workers’ Compensation Board (WCB). However, if you were on a personal errand or commuting to work, WCB may not apply.
This article breaks down work accident claims, insurance coverage, and employer responsibility to help you understand what to expect—and what to do—if you’re ever involved in an accident at work in Nova Scotia.
What Counts as a Work-Related Car Accident?
Not every car accident that happens during the workday is considered work-related under Nova Scotia law. The key question is: Were you acting within the scope of your employment at the time of the accident?
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Examples of work-related car accidents include:
- Driving between job sites or client locations
- Running work errands or deliveries
- Attending offsite meetings or training sessions
- Transporting tools, equipment, or coworkers for business reasons
- Operating a company vehicle during a scheduled shift
In these cases, an accident at work claim through WCB may apply—and your employer’s insurance could be involved. However, if you were commuting to or from work, stopping for personal errands, or using the vehicle without permission, it’s unlikely to be classified as work-related.
This distinction also matters when determining who pays for damages. In an accident in a company vehicle, who pays depends on whether the employer’s insurance or your personal coverage applies. If it’s a personal vehicle used for work, your insurer might cover the damage—unless your policy excludes work-related use.
Understanding this distinction is essential for work accident claims and for avoiding out-of-pocket costs when job-related accidents occur.
When Can an Employer Be Held Responsible for Damage to My Car
Whether or not your employer is responsible for damage to your vehicle after a work-related accident depends on where and how the incident occurred.
If the accident happened while you were performing your job duties—like making a delivery, transporting equipment, or driving a company vehicle—your employer may be liable under vicarious liability laws. In such cases, your employer’s commercial auto insurance typically covers the damage. However, coverage can vary, especially if you’re driving your own vehicle for work purposes.
Another common concern is, “is my employer liable for damage to my car in the parking lot?” If your vehicle is damaged while parked on company property—especially if caused by another employee or company-owned equipment—your employer may be liable, but it’s not guaranteed. You’ll need to prove negligence or unsafe conditions contributed to the damage.
For accident at work claims involving personal vehicles, you may need to file through both WCB and your personal auto insurer. If the vehicle was used at your employer’s request or for their benefit, they could be required to compensate for losses.
Ultimately, employer responsibility hinges on the circumstances. A consultation with legal or insurance professionals can help you understand your rights and potential next steps.
When an Employer Is not Responsible for Vehicle Damage?
While employers may be liable for vehicle damage in some work-related accidents, there are clear limits. If you were using your vehicle for personal reasons—even during work hours—your employer likely wouldn’t be held responsible. For example, stopping to run a personal errand between job sites or taking an extended lunch break off company property would fall outside the scope of employment.
Commuting is another major exception. In most cases, travelling to and from your regular place of work does not count as a work-related activity, even if you’re driving a company vehicle. Unless your job requires you to be mobile (such as a home care worker or delivery driver), standard commutes are not considered part of your work duties.
Also, if you were engaging in reckless driving, under the influence, or using the vehicle in an unauthorized manner, your employer is unlikely to cover the damages. In these cases, your own auto insurance may be your only recourse.
Reporting the Accident to the WCB in Nova Scotia
If you were injured in a car accident while performing your job duties, you must report the incident to the Workers’ Compensation Board of Nova Scotia (WCB) as soon as possible. This is a crucial step in protecting your right to compensation for medical care and lost wages.
Start by informing your employer right away. They are required to report the incident to WCB within five business days if you seek medical attention, miss time from work, or claim benefits. You should also submit a Worker’s Report of Injury (Form 6) to WCB yourself, which can be done online or by mail.
WCB will assess whether your accident occurred within the scope of employment. If approved, benefits may include medical coverage, wage replacement, rehabilitation support, and mileage reimbursement for treatment-related travel.
It’s important to note that WCB coverage applies regardless of fault—as long as the injury happened while you were working. However, failure to report promptly or missing details in your documentation can delay or jeopardize your claim.
Always keep a copy of your forms and correspondence, and consider consulting a legal professional if your case involves complex circumstances or is denied.
How WCB and Insurance Work Together
Navigating workers’ compensation and auto insurance at the same time can get complicated—especially in work-related vehicle accidents. In Nova Scotia, both systems can potentially apply, depending on the details. You can read more about how auto insurance works in the province here.
If you’re injured in a job-related crash, WCB may cover your medical expenses and lost wages, while your auto insurance (or your employer’s, if driving a company vehicle) might pay for vehicle repairs and other property damage. However, the benefits of the two systems don’t overlap. For example, you can’t receive income replacement from both WCB and your insurer for the same loss. If you have access to WCB benefits, you cannot open a Section B claim.
If another driver caused the accident, you may also be eligible to file a third-party claim through their insurance for additional damages. In this case, any compensation you receive from the at-fault party could affect your WCB benefits—WCB may seek repayment for amounts already paid out. There is an opt out period of 180 days. MEaning you must opt out of WCB benefits within 180s and advise WCB of your intention to seek damages from the at fault driver in the civil courts.
This coordination can be tricky, especially when multiple insurers and legal definitions are involved. That’s why it’s wise to get legal advice early to avoid delays, denials, or duplicate claims.
Exceptions and Grey Areas
Not every accident fits neatly into a clear category. Independent contractors, gig workers, and hybrid remote employees may find it harder to determine whether they’re covered under WCB or employer policies.
If you’re using your personal car for work—like rideshare driving or freelancing—you may not qualify for WCB unless you’re formally classified as an employee. To better understand the distinction, see the CRA’s guide on employee vs. self-employed status.
Even then, your own insurance may deny coverage if your policy excludes commercial use. Always check your insurance terms if your job involves any type of driving.
Similarly, if you’re using a company car outside of work hours and an accident occurs, your employer may argue you weren’t acting within your job duties. That could shift the liability—and repair costs—entirely onto you.
In these grey areas, small details can make a big difference: time of day, trip purpose, prior employer approval, and even GPS data may all factor into your claim’s outcome. When in doubt, document everything and consider speaking with a lawyer who is experienced in work accident claims.
What to Do If You’re in a Work-Related Car Accident
If you’re involved in a work-related car accident in Nova Scotia, taking the right steps early on can protect both your health and your legal rights. Here’s what to do:
- Seek medical attention immediately, even if injuries seem minor—medical records support your WCB claim.
- Notify your employer promptly and document the details: time, location, who was involved, and how it happened.
- Submit a Worker’s Report (Form 6) to WCB online or by mail as soon as possible.
- Take photos of the scene, damage, weather, and anything that shows the cause or extent of the accident.
- Exchange information with other drivers and file a police report if required.
- Attend all medical appointments and follow treatment plans for your recovery.
- Consult a lawyer.
Because work-related car accidents often involve multiple policies and overlapping coverage, legal guidance can make a major difference. For help navigating the claims process and ensuring your case is handled with care, Preszler Injury Lawyers is a trusted team with deep experience in Nova Scotia car accident claims.
Connect With Our Legal Team
Schedule a call with our personal injury legal intake team. Our team is available 24/7 so call us now to book your call. Our scheduled intake allows you to tell us details about your accident and gives our legal team an opportunity to review your case and advise you on possible solutions and outcomes. The best part is, if you decide to hire us after this call – you don’t pay anything unless we win. We can help clients regardless of where they reside in Nova Scotia & New Brunswick so let us help you get started on your road to recovery.
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