What happens when an employee is driving the employer's delivery truck and injures a co-worker who is a passenger?

When an employee drives the employer's delivery truck and injures a co-worker who is a passenger, coverage is typically denied under the fellow employee exclusion. This exclusion arises in many auto insurance policies, particularly for commercial vehicles, to prevent workers' compensation claims from being duplicated in liability coverage. Essentially, if a co-worker is injured while involved in work-related activities, workers' compensation is designed to be the sole remedy for employees to address such injuries.

In this scenario, since the injury involved a co-worker, the fellow employee exclusion means that the employer’s auto insurance will not cover the situation because it falls under the premise that injuries to employees resulting from work situations are to be handled through workers' compensation rather than through the employer's auto insurance policy. This approach helps to support the premise of workers' compensation systems, which provide benefits regardless of fault while ensuring that employers are not liable for personal injury claims made by employees against each other in the course of their employment.