Vicarious Liability Insurance: What You Need to Know

As a business owner, it is important to protect your company against potential liabilities that can arise in the course of conducting business. One type of insurance that can provide coverage for such liabilities is vicarious liability insurance. In this article, we will explain what vicarious liability is, what vicarious liability insurance covers, who needs it, and how to obtain it.

What is Vicarious Liability?

Vicarious liability is a legal principle that holds someone responsible for the actions of another person. In the context of business, this usually means that an employer is held liable for the negligent acts of its employees that are committed during the course of employment. This can include situations like car accidents that occur while an employee is driving a company vehicle or injuries that occur on the job.

Under vicarious liability, the injured party can seek damages from both the employee who caused the injury and the employer who is deemed responsible for the employee’s actions. This can create a significant financial burden for the employer, as damages can often exceed the amount of insurance coverage that the employer carries.

What is Vicarious Liability Insurance?

Vicarious liability insurance, also known as employer’s liability insurance or third-party liability insurance, is a type of insurance that provides coverage for the legal costs and damages associated with vicarious liability. This can include legal defense costs, settlement or judgment amounts, and even lost wages if the business is forced to shut down due to a lawsuit.

Vicarious liability insurance is typically included as part of a general liability insurance policy, although it can also be purchased as a separate policy. It is important to note that not all general liability policies include vicarious liability coverage, so it is important to review your policy carefully to ensure that you have adequate coverage.

What does Vicarious Liability Insurance Cover?

Vicarious liability insurance typically covers damages and legal expenses related to accidents or injuries that occur during the course of employment. This can include:

It is important to note that vicarious liability insurance does not cover intentional acts of misconduct or criminal behavior. If an employee intentionally causes harm to someone else, the employer will not be covered by vicarious liability insurance.

Who Needs Vicarious Liability Insurance?

Vicarious liability insurance is typically required for businesses that employ workers who operate vehicles, machinery, or other equipment on behalf of the business. This can include transportation companies, construction companies, and manufacturing companies, among others.

However, any business that has employees or interacts with customers or clients in any capacity can benefit from vicarious liability insurance. Even if your business does not operate vehicles or equipment, accidents can still occur on your business property or in the course of providing services to customers. Vicarious liability insurance can help protect your business against the financial fallout from such incidents.

How to Obtain Vicarious Liability Insurance

Vicarious liability insurance is typically purchased as part of a general liability insurance policy. You can obtain a general liability insurance policy by contacting a licensed insurance agent or broker who specializes in business insurance.

When shopping for vicarious liability insurance, it is important to compare quotes from multiple insurers to ensure that you are getting the best coverage at the most affordable price. Be sure to read the policy carefully to understand what is and is not covered, as well as any exclusions or limitations that may apply.

FAQ

What is the difference between vicarious liability and direct liability?

Direct liability refers to situations where an individual or entity is held responsible for their own actions. Vicarious liability, on the other hand, holds someone else responsible for the actions of another person. In the context of business, this usually means the employer is held liable for the actions of its employees.

Can vicarious liability insurance be purchased separately from other insurance policies?

Yes, it is possible to purchase vicarious liability insurance as a standalone policy. However, it is typically included as part of a general liability insurance policy, so it may be more cost-effective to purchase it as part of a larger insurance package.

What types of businesses need vicarious liability insurance?

Any business that employs workers who operate vehicles, machinery, or equipment on behalf of the business should consider purchasing vicarious liability insurance. However, any business that interacts with customers or clients in any capacity can benefit from this type of insurance.

What types of incidents are covered by vicarious liability insurance?

Vicarious liability insurance typically covers incidents that occur during the course of employment, such as car accidents involving company vehicles, injuries sustained by customers or clients on business property, and injuries sustained by employees on the job.

Are intentional acts of misconduct covered by vicarious liability insurance?

No, intentional acts of misconduct or criminal behavior are not covered by vicarious liability insurance. If an employee intentionally harms someone, the employer will not be covered by this type of insurance.