Hi there. The answer to your question depends on a number of factors and, without fully assessing your situation (including the nature of your working relationship with your employer), we cannot provide specific advice. The information below is of a general nature only and may be of assistance.

If your job requires you to travel to specific locations as part of your job, your employment contract may include terms about using your personal vehicle to travel to these locations. You should check your employment contract to see if it says anything about travelling to job sites and/or using your own vehicle. You may find that the contract includes a disclaimer of liability which says that your employer is not liable for any loss or injury you may suffer travelling to and from job sites and/or whilst using your own vehicle to do so. Whether your employer can rely on this disclaimer to avoid compensating you for your vehicle damage will depend on a number of factors, such as the exact language used in the contract and the circumstances in which your vehicle was damaged.

If your employment contract does not say anything about travelling to job sites or using your own vehicle, you may have grounds to make a legal claim against your employer for negligence. You will only be able to make this claim if you can prove that your employer owed you a duty of care to provide a safe workplace (including the job sites you visited), that your employer breached this duty by failing to ensure that your vehicle was not broken into and damaged, and that you have suffered loss (i.e. property damage and theft) as a result of your employer’s negligence. Negligence claims can be very difficult to prove, especially where an unexpected event has caused the loss, such as someone breaking into a vehicle. More information is needed about your situation to determine if you have a claim for negligence against your employer.

More generally, vehicle owners typically take out car insurance to protect themselves in the event of theft or damage to their vehicle. If you have purchased car insurance, you should contact your insurer to see if your vehicle’s damage is covered by your policy. Car insurance covering theft or damage is different to Compulsory Third Party (CTP) insurance, which is a type of insurance for personal injuries as a result of motor vehicle accidents. CTP insurance is mandatory for all vehicles registered in Western Australia and is automatically included in your vehicle registration fees.