Who Is At Fault: Accident Commuting To Work

An accident while commuting to work is assessed like any road accident: the driver who failed to take reasonable care carries the fault. Being on your way to or from work does not change this test.

It can, though, open a second route alongside your road claim, through the Employment Injury Scheme run by SOCSO, the Social Security Organisation, for an insured employee’s commuting accident.^[3]

See who is at fault and making a road accident claim for the main claim path.

The typical facts in these cases

A commuting accident usually happens on an otherwise ordinary journey.

• A collision during the usual drive or ride between home and the workplace
• A crash on the way to a client site or work errand
• An accident during a short stop for breakfast on the way in
• A crash on public transport or while walking to a bus or train

The road claim itself works the same regardless of which of these applies.

How is fault usually assessed?

The court compares what each driver did against what a careful driver would have done in the same situation, exactly as in any other crash. Where you were headed does not raise or lower this standard.

Where a road claim and a SOCSO claim can both apply, they are worked out separately and do not cancel each other out.

Road claim or SOCSO, which route fits?

A road accident claim runs against the at-fault driver’s insurer and covers your injury, lost income and future losses through the courts, the same as making a road accident claim explains. It does not depend on your employer or your work status.

The SOCSO route is narrower: it can cover an accident on your normal route between home and work, reported by your employer, and pays defined employment injury benefits rather than a court-assessed award. See road accident and your employer for more on this side.

Were you partly at fault?

If your own actions contributed to the crash, a court can reduce your compensation for that share, though it never ends the claim outright and is never a fixed percentage.^[1] This works the same for a commuting accident as for any other.

Read how contributory negligence works for the general rule.

What to do at the scene and after

1. Get medical attention and keep every record.
2. Lodge a police report within 24 hours.^[2]
3. Note the time and your normal route, in case a SOCSO claim also applies.
4. Tell your employer as soon as you reasonably can.
5. Notify the other driver’s insurer, and keep your own separately.

Both routes are worth checking rather than assuming only one applies to your situation.