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09-05-2008, 05:25 PM
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#1 (permalink)
| | Goal - 110kg's
Join Date: May 2007 Location: 69 Axe wound mile
Posts: 2,625
| 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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Those that will, and those that won't,
Those that can, and those that can't.
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09-05-2008, 05:34 PM
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#2 (permalink)
| | Does My Bomb Look Big In This?
Join Date: Jun 2007 Location: Northampton
Posts: 1,431
| Re: Company car insurance liabilty
yes...
the excess is there regardless of blame
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09-05-2008, 05:38 PM
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#3 (permalink)
| | Goal - 110kg's
Join Date: May 2007 Location: 69 Axe wound mile
Posts: 2,625
| Re: Company car insurance liabilty
So yes your boss has to pay it or yes you can be forced to pay it?
__________________ _________________________________________________
There's those that do, and those that don't,
Those that will, and those that won't,
Those that can, and those that can't.
..... Dont be a loser!! ....
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09-05-2008, 05:42 PM
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#4 (permalink)
| | Does My Bomb Look Big In This?
Join Date: Jun 2007 Location: Northampton
Posts: 1,431
| 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...
__________________
I'd like to see it your way but I can't get my head that far up my own ar$e
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09-05-2008, 05:51 PM
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#5 (permalink)
| | Goal - 110kg's
Join Date: May 2007 Location: 69 Axe wound mile
Posts: 2,625
| 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.
__________________ _________________________________________________
There's those that do, and those that don't,
Those that will, and those that won't,
Those that can, and those that can't.
..... Dont be a loser!! ....
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09-05-2008, 05:58 PM
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#6 (permalink)
| | Does My Bomb Look Big In This?
Join Date: Jun 2007 Location: Northampton
Posts: 1,431
| 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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I'd like to see it your way but I can't get my head that far up my own ar$e
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09-05-2008, 06:28 PM
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#7 (permalink)
| | Looking Freaky
Join Date: Oct 2004 Location: sunnyside up
Posts: 735
| 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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09-05-2008, 06:36 PM
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#8 (permalink)
| | Goal - 110kg's
Join Date: May 2007 Location: 69 Axe wound mile
Posts: 2,625
| 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.
__________________ _________________________________________________
There's those that do, and those that don't,
Those that will, and those that won't,
Those that can, and those that can't.
..... Dont be a loser!! ....
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09-05-2008, 07:27 PM
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#9 (permalink)
| | With all due respect
Join Date: Apr 2008 Location: Cardiff
Posts: 1,270
| 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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09-05-2008, 09:29 PM
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#10 (permalink)
| | PacMan
Join Date: May 2008 Location: Staffs
Posts: 34
| 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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09-05-2008, 09:35 PM
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#11 (permalink)
| | Goal - 110kg's
Join Date: May 2007 Location: 69 Axe wound mile
Posts: 2,625
| Re: Company car insurance liabilty
Quote:
Originally Posted by Lost Soul  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!
__________________ _________________________________________________
There's those that do, and those that don't,
Those that will, and those that won't,
Those that can, and those that can't.
..... Dont be a loser!! ....
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09-05-2008, 09:39 PM
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#12 (permalink)
| | Any more chicken and I will start clucking!!
Join Date: May 2006 Location: Birmingham, West Midlandshire
Posts: 2,173
| 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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