If one of your employees crashes a company vehicle or even their own car while on the clock, you might assume you are on the hook for the damages. That is not always true. The law draws a sharp line between a minor detour and a full-blown frolic. Understanding that line can save your business from paying for accidents that are not your responsibility.

The legal principle at play is called respondeat superior, which is Latin for “let the master answer.“ In plain English, it means an employer is liable for what an employee does while performing job duties. But those duties are not infinite. The employee must be acting within the “scope of employment” at the time of the crash. If the employee has stepped outside that scope, you are not liable.

Courts use two everyday words to separate acceptable deviations from unacceptable ones: detour and frolic. A detour is a minor, incidental side trip that still keeps the employee on the job. A frolic is a substantial personal jaunt that breaks the work connection entirely. The difference is not always obvious, but it comes down to three factors: the purpose of the trip, how far off the expected route the employee went, and how much time the deviation took.

Consider a delivery driver. He is supposed to make five stops between 10 a.m. and noon. On his way to the third stop, he swings through a fast‑food drive‑thru to grab lunch. That is a detour. He is still working, still in the company vehicle, and his personal errand is quick and close to the route. If he hits someone in the parking lot, you as the employer are likely liable because he was still furthering your business, even if he was also feeding himself.

Now consider that same driver finishing his last delivery at 11:30 a.m. Instead of returning to the warehouse, he decides to drive 30 miles in the opposite direction to pick up a friend from the airport. That is a frolic. The purpose is purely personal, the distance is substantial, and it has nothing to do with his job. If he causes an accident during that trip, you are not liable. He effectively quit working the moment he turned the wheel toward the airport.

But the line gets blurry when the personal errand mixes with work. Suppose a salesperson uses her own car to visit a client. On the way, she stops at a pharmacy to pick up a prescription. That stop might be a detour because it is brief and on the way. But if she drives 20 miles out of her way to shop at a mall, that is a frolic. Courts also look at whether the employer had any control over the employee’s schedule or route. A salaried employee with flexible hours is more likely to be on a frolic than an hourly worker who must punch in and out.

Another common scenario is the “dual‑purpose” trip. An employee goes to a work meeting but also plans to run a personal errand at the same location. If the work purpose is a substantial reason for the trip, the whole journey may be within the scope of employment, even if there is a personal side benefit. But if the personal reason is dominant, the trip becomes a frolic.

What about commuting? Generally, an employee driving to and from work is not acting within the scope of employment. That is the “coming and going” rule. There are exceptions, like if the employee is required to use a personal vehicle for work tasks or is on call. But for most routine commutes, the employer is off the hook.

The consequences of being on a frolic versus a detour are stark. If it is a detour, the employer’s insurance pays, and the employer may face a lawsuit. If it is a frolic, the employee is personally responsible for the accident. That means the injured party sues the employee, not the company. The employee’s personal auto insurance is primary, and if that is not enough, the employee’s personal assets are at risk.

To protect yourself, you need clear policies about vehicle use, personal errands during work hours, and reporting of accidents. Train employees to understand that any significant deviation from their duties without permission is their own responsibility. Keep logs of routes and schedules so you can reconstruct the facts if a crash occurs. And never assume that because an accident happened in a company car, you are automatically liable. The key question is always: was the employee still doing your business, or did they go off on a frolic?

Knowing the difference between a detour and a frolic is not just legal trivia. It is a practical tool for managing risk. When an employee takes a short, reasonable side trip, you pay. When they take a long, personal joyride, they pay. Make sure your team knows where that line is, because crossing it can land you in court or leave them holding the bill.