Accident in a company car?

[DandelionCloud]

My mum was stationary in a company vehicle and a car collided with her. She’s suffered injuries and is off work so she will end up out of pocket. I said but you should get compensation from the insurance? She said no because the vehicle is owned by her employer and the insurance is paid by her employer, so any compensation will go to her employer and she won’t get a penny. Surely this can’t be right?

No it's not right. If it's the company's car they'll get the money if it's a right off for instance etc. But compensation for any 'loss' suffered by your mum will come to her.

She’s also said “you get no money for whiplash nowadays anyway, they’ve stopped it all because everyone was claiming”. Meanwhile she’s lying on the sofa with a bad back.

No she’s not right but at the end of the day it’s up to her whether she wants to try and claim

Apparently her employer said the rules changed in May 2021, and if her back and neck injury lasts less than 3 months the max she could claim is £260. Which doesn’t even cover a week’s wages.

@DandelionCloud

Apparently her employer said the rules changed in May 2021, and if her back and neck injury lasts less than 3 months the max she could claim is £260. Which doesn’t even cover a week’s wages.

As well as loss of earnings though.

What date was the accident? The amount claimable for whiplash reduced massively on 1st June, but she should still be able to claim for lost wages.
www.gov.uk/government/publications/whiplash-reform-programme-information-and-faq

X-post. Yes the £260 for pain and suffering is on top of quantifiable financial loss like lost wages.

The claim would be against the person that hit her , not the employers insurance

Employer’s insurance might cover legal assistance with making a claim though.

It was earlier this week, so it was after the deadline. She said it’s the employers car so the employer would claim and receive the compensation and she won’t get a penny.

She can claim in her own right.
If her employers are paying her wages while she’s off sick then I assume they could reclaim against the other side, since they’ve lost out financially.
If they’re not paying her wages in full while she’s off sick, then she can claim against the at fault driver because she’s lost money, just as she would if she was a passenger or a pedestrian with no motor insurance at all. Might be fiddly though.