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Old 09-05-2008, 05:25 PM   #1 (permalink)
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Company car insurance liabilty

Hey guys,

Wondering if any of the legal heads or insurance guys knwo the answer to this.

legally if you given a car during the day to perform your job and you have an accident where no 3rd party is around to claim from or it's your fault.

Can you be forced to pay the excess on the insurance?
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Old 09-05-2008, 05:34 PM   #2 (permalink)
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Re: Company car insurance liabilty

yes...

the excess is there regardless of blame
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Old 09-05-2008, 05:38 PM   #3 (permalink)
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Re: Company car insurance liabilty

So yes your boss has to pay it or yes you can be forced to pay it?
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Old 09-05-2008, 05:42 PM   #4 (permalink)
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Re: Company car insurance liabilty

that depends on your company, your contract and the circumstances...

if it got damaged due to your negligence then it would be expected that you pay it but if it is an unproven claim then it realy is on your t+c's of employment...

most firms i've been with pay it if it isn't the employees fault...
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Old 09-05-2008, 05:51 PM   #5 (permalink)
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Re: Company car insurance liabilty

yeah my gf's new contract has where it says the following and I dont want her being screwed out of money.

8.1 A car will be made available for you for on duty working only. It cannot be used outside of normal working hours or for personal use. The Employer undertakes to ensure that you are fully insured to drive the car and will pay all expenses connected thereto, including petrol costs whilst you are discharging your duties, except parking fines, speeding fines or fines for clamps/towing away. You must at all time take good care of the car. In addition, if you have an accident where it is not possible to claim against a third party, you will be required to pay the excess due for any claim and the Employer shall be entitled as a result of your agreement to the terms of this contract to deduct such sum from any payment of salary made to you.


I understand if they can prove you wreckless then it's your fault. But sometime you can have an honest accident and it's just that. An accident doing your job but you have to fit the bill.
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Old 09-05-2008, 05:58 PM   #6 (permalink)
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Re: Company car insurance liabilty

that section of contract basically says she has to pay regardless... if those are her term and conditions then basically she has to pay it...
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Old 09-05-2008, 06:28 PM   #7 (permalink)
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Re: Company car insurance liabilty

She is defo liable same thing happens in my company all the time. Its a drawback of having a company car but an even bigger drawback would be paying for her own car all the time
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Old 09-05-2008, 06:36 PM   #8 (permalink)
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Re: Company car insurance liabilty

not really... I bought her a BMW which she drives to work in and then uses the other car to do her job in.
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Old 09-05-2008, 07:27 PM   #9 (permalink)
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Re: Company car insurance liabilty

Policy holder pays excess and can retrieve if non fault

If your company then stipulate you have to pay excess in terms of use, you have to, but legally policy holder will pay excess

So if they pay while you are on the job then they stump up, if they state you have to pay in your contract out of business hours they still pay and will reclaim it from you

the policy holder is legally bound to pay the excess
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Old 09-05-2008, 09:29 PM   #10 (permalink)
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Re: Company car insurance liabilty

I have a Civic Type R currently as a company car and have had quite alot of others in the past however and have never paid any excess from any incidents where I was at fault or vice versa.

A colleague wrote off his Type R and paid nothing - and got another one!

I suppose its down to the employer.
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Old 09-05-2008, 09:35 PM   #11 (permalink)
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Re: Company car insurance liabilty

Quote:
Originally Posted by Lost Soul View Post
Policy holder pays excess and can retrieve if non fault

If your company then stipulate you have to pay excess in terms of use, you have to, but legally policy holder will pay excess

So if they pay while you are on the job then they stump up, if they state you have to pay in your contract out of business hours they still pay and will reclaim it from you

the policy holder is legally bound to pay the excess
That's the thing my gf will never us it out of hours. Only purely to do her job. So if she has an accident during her working hours they want her to sign saying that if it's her fault or no one to claim from then she will pay any money owed!
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Old 09-05-2008, 09:39 PM   #12 (permalink)
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Re: Company car insurance liabilty

yep guys all of the above is correct. It depends on your contract. A 5hitty contract would force the employer to pay the excess but that is something which is put on the employer by the insurer so therefore the employer is duty bound to pay. They will then look to reclaim this from your gf.

Hope this helps.

The only way to avoid this is to ensure you are not at faulst for any accidents!!!!!
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