Introduction
A common question from interns is: “What if I cause damage while driving the company van? Do I have to pay for it myself?” The answer is reassuring: in most cases, no. Although an intern is not legally considered an employee, courts almost always treat interns the same way as employees in this regard. In this blog post, you’ll learn the legal details, when liability might arise, and why this almost never happens in practice.
An intern is not an employee, but is treated as one
From a legal standpoint, an intern is not an employee in the traditional sense of the word, because the focus is on learning and no wages are usually paid. Nevertheless, courts have repeatedly ruled that, in matters of liability, interns must be treated on an equal footing with employees. This means they enjoy the same protections in the event of errors or damage that occur during the course of their work.
The general rule: no liability, unless…
The general rule in labor law is that an employee is not liable for damage caused while performing their job, unless there is intent or willful recklessness. This exception is interpreted very strictly. Only in exceptional situations will an employee (or intern) be held liable.
In practice, this means that damage to a company van or car that occurs while you are performing your job is usually covered by the company, not by you personally. This also applies to interns, since they are acting under the company’s supervision and responsibility.
Traffic: Accidents Are Part of the Picture
Especially when it comes to traffic, it is almost never assumed that someone acted recklessly on purpose. Driving with a valid driver’s license, following instructions, and not being under the influence are generally sufficient to protect you from liability as a probationary driver.
The risk of damage occurring while participating in traffic is considered part of business operations. Therefore, employers are expected to carry insurance to cover this risk. The costs of such damage are typically covered by the company’s general liability insurance or a separate auto insurance policy.
When Is Liability Established?
An intern can be held liable only in very exceptional cases. Examples include:
- the intentional destruction of a vehicle,
- driving without a license or under the influence,
- deliberately disregarding explicit safety instructions.
But even then, the employer must be able to prove that there was intent or willful recklessness—which, in practice, is a very high threshold.
What is an internship host company expected to do?
An internship host company has a duty of care toward its interns. Among other things, this means:
- that responsibilities must be clearly explained,
- organize effective guidance and supervision,
- ensure that appropriate insurance coverage is in place for any damage incurred.
Interns therefore cannot be expected to bear liability risks themselves. In principle, any damage to vehicles must be covered by the company itself.
Conclusion
An intern or employee who causes damage to a company van or car during work hours generally does not need to worry about personal liability. As long as there is no intent or recklessness involved, the responsibility lies with the host company, just as it does for regular employees. Damage to vehicles is a foreseeable risk in business operations, and appropriate insurance is part of that.
This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about damages and liability involving employees and interns. Please feel free to contact us .
April 2025