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Auto Insurance As Primary Coverage
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Auto Insurance As Primary Coverage
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A colleague posed this question to me, "Can an employer legally require an employee to designate his/her auto insurance bodily injury/personal protection coverage as primary health coverage if/when in
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Forums » Topic Forums » Legal Forum » Auto Insurance As Primary Coverage
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Auto Insurance As Primary Coverage
posted at 7/27/2009 6:59 AM EDT
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Posts: 12
First: 7/24/2006 Last: 10/8/2010 |
A colleague posed this question to me, "Can an employer legally require an employee to designate his/her auto insurance bodily injury/personal protection coverage as primary health coverage if/when involved in an auto accident?" My thoughts are if an auto accident occurs while the employee is conducting business for the employer in his/her own vehicle it becomes a Worker's Compensation issue. It seems that the employer is attempting to minimize its group health risk by requiring the auto insurance policy to serve as primary, which doesn't make much business-sense when individuals/families mostly use health coverage for illnesses - not auto accident injuries. Please advise. |
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Auto Insurance As Primary Coverage
posted at 7/27/2009 5:33 PM EDT
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Also the employer might check into a separate auto/liability policy for car accidents rather than insuring under WC. Or see how they interact.
You need to check with your state's WC laws to see whether they cover an employee that is not in an employer owned car, even if the driving is for a business related activity. It could very well be that activity is carved out of WC. |
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Auto Insurance As Primary Coverage
posted at 7/28/2009 6:58 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
I am not sure I understand the original question, but if it is solely directed toward the employees injuries, then WC is indeed the place to handle any of the employees injuries.
If there are non-employee injuries, or property damages, then the employees car insurance is the first line of defense at our company. We do require they maintain the state's legally required minimum coverages. Our insurance only kicks in (if needed) after the employees has run it's course. |
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Auto Insurance As Primary Coverage
posted at 7/28/2009 7:40 AM EDT
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Posts: 79
First: 3/19/2008 Last: 10/15/2009 |
State laws and the insurance comanies' policies are very strict about the medical payor 'prioities' when an auto accident occurs. I don't think you have any choice. The insurance carriers will be very clear about what will happen. |
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