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 them the same as employees in this regard. In this blog, 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
Legally speaking, an intern is not an employee in the traditional sense of the word, because the focus is on learning and interns are usually not paid. Nevertheless, courts have repeatedly ruled that, when it comes to liability issues, interns must be treated on an equal footing with employees. This means that 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 under labor law is that an employee is not liable for damage caused while performing their duties, unless there is intent or willful recklessness. This exception is interpreted very strictly. Only in exceptional circumstances 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 the company’s responsibility, not yours. This also applies to interns, since they are acting under the company’s supervision and responsibility.
Traffic: Accidents happen
Especially when it comes to traffic, it is almost never assumed that someone acted recklessly on purpose. Having a 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 driving is considered part of normal business operations. For this reason, employers are expected to obtain insurance coverage for this risk. The costs of any damage are typically covered by the company’s general liability insurance or a separate auto insurance policy.
When is liability established?
An intern can only be held liable in very exceptional cases. For example:
- the intentional destruction of a vehicle,
- driving without a license or under the influence,
- deliberately ignoring 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 bar to clear.
What is expected of a host company?
An internship host company has a duty of care toward its interns. This includes, among other things:
- that clear explanations must be provided regarding responsibilities,
- organize proper guidance and supervision,
- ensure that appropriate insurance coverage is in place for any damage incurred.
Interns cannot, therefore, 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 working 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 mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions regarding damages and liability involving employees and interns. Please feel freeto contact us.
April 2025
