Is my business liable if a subcontracted driver causes an accident?
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Is my business liable if a subcontracted driver causes an accident?

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01.08.2026

My logistics business contracts out some deliveries to independent owner-drivers. One of them was involved in an accident while making a delivery for us, causing damage to a third party’s property. Could my business be held responsible even though the driver is not our employee?

Site Administration 02.08.2026
reply date: 02.08.2026

It depends on the nature of the relationship and the circumstances. Generally, a business is not vicariously liable for the negligence of a genuinely independent contractor, unlike for its own employees, but there are exceptions, for example where the business exercised a high degree of control over how the work was performed, effectively making the arrangement one of employment in substance despite the label, or where the business was itself negligent, for example in selecting an unsuitable contractor or requiring an unsafe schedule. The Health and Safety at Work Act 2015 also imposes duties on a person conducting a business or undertaking to manage risks to others affected by the work, which can extend to contracted drivers and third parties. Review your contracts for indemnity and insurance requirements, ensure contractors carry appropriate insurance, and seek legal advice about your risk exposure in this specific incident.

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