really struggling with this one

[gaz6148]

A couple of months ago my daughter was driving along a main road doing around 45mph in her works van (parts delivery driver on a national speed limit road) when a cyclist shot out of a T junction and hit her van on the front wing and the cyclists head came through the windscreen, now the cyclist was female, 20yrs old no helmet and was listening to her Ipod.
She was in a bad way and an ambulance was called and she was taken to a hospital,
my daughter was with the police and gave her version of the incident and the police agreed after looking at the damage to her van and skid marks etc.
Now this really shook my daughter up and she was off work for 10 days,
Even now she has no blame laid to her at all, now her company gave her £13 a day while off work, (which is life)

but what is really pissing me off is they are insisting my daughter pays for the damage to the van

even though it was a non fault accident, so i asked my daughter to take it higher up to the area manager, to which he replied "its company policy to keep our insurance down" now does that sound fair, because i am questioning my moral judement here, am i that far behind the times that this is the norm nowadays

 

[w124coupe]

Absolute bull. Their insurance could/would go after the cyclist for their losses (she would be covered under a household insurance policy for 3rd party liability).

Asking your daughter to pay would be extortion.

She should politely refuse, in writing.

I suspect the company left it too long to claim and the insurers are trying to wriggle out of it...

 

[Smatt]

^^ agree with w124

 

[Howard]

I would ask to see where it says ( in writing ) that that is company policy ...

If it wasn't made clear to her when she started driving , that she would pay for any damage , ( and hence giving her the option to decline to drive the works vehicles ) then tell them to take a walk ..

They're just trying it on .

 

[Chattonmill]

And it wouldnt keep the insurance down anyway as they would Obviously declare the accident as they are asked to by the insurers!

 

[Shude]

...he replied "its company policy to keep our insurance down" now does that sound fair...

Ask for something in writing first. Once it's on paper in black and white you can take it to a solicitor for it to be ripped apart and thrown back in their faces!

My only concern is that these days "knowing your rights" and "standing your ground" on issues like this tends to lead to your name ending up on the list of potential redundancies next time they have a culling.

As for keeping the insurance costs down I hope they have reported the incident to the insurance company as failure to do so would be insurance fraud.

Best of luck to you and your daughter and I hope this gets resolved soon, very much in your favour.

 

[grober]

I would take legal advice immediately ---seriously!!!! Unless there was a specific clause in her terms of employment and it was specifically pointed out to her before she drove any of their vans then they havn't a leg to stand on imho. There may also be implications in terms of whether she was actually covered adequately to drive the van in question. Paying for the damage might be also taken as some form of admission of part responsibility for the consequences of the accident so be extremely careful since if cyclist was badly injured high levels of compensation may be involved.

 

[SilverSaloon]

I would take legal advice immediately ---seriously!!!! Unless there was a specific clause in her terms of employment and it was specifically pointed out to her before she drove any of their vans then they havn't a leg to stand on imho. There may also be implications in terms of whether she was actually covered adequately to drive the van in question. Paying for the damage might be also taken as some form of admission of part responsibility for the consequences of the accident so be extremely careful since if cyclist was badly injured high levels of compensation may be involved.

i agree with the above - and Grober has a very good point (re may be seen as admission of guilt)

 

[gaz6148]

I have not spoke to my daughter this week but i have just this second rung her and she has had the van repaired at her cost and she has just picked it up, (wish i had rung her earlier )
I have asked her to try to find another job, and as soon as she has i will be straight in there and demand her money back

 

[kth286]

Lots of larger companies do not have accident cover for damage on their company vehicles - they pay for the damage themselves and it is indeed to keep costs down, as it is actually the cheaper way.

Company owned car accidents are a major slice of vehicle accidents.

 

[crockers]

I would now (if I was your daughter) ask for a letter stating that it was company policy for her to pay for the damage, and a copy of the invoice. I would then write to the cyclist invoicing her for the damage and also invoicing her for lost wages.

If she doesn't pay - I would then proceed against her in the small claims courts.

Good luck.

 

[Smiley]

Just shows the state of the labour market when companies can pull stunts like this. I am astonished.
I would seek some legal advice on this one anyway; you do not want it coming back at you in the form of further demands for injury compensation. The company as the insured party needs to have let its insurers know about the incident and I would write to the company asking them to confirm that they have done this - and that the cost of repairing the van was undertaken under protest and pressure. It will pave the way for a future refund claim.

 

[Mr E]

If she has legal cover on her household insurance, for example, then I would use them to cover both the employment and cyclist's liability elements.

 

[lynall]

We have similiar wording in our contract but its mainly to do with damage we are responsible for, ie i wasnt looking properly and backed into another truck, lorry drivers type excuses

But i have never seen it followed up in over 3 years, i think its mainly for presistent offenders, like the bloke who recently left who was hitting something every week and i mean every week.

I think if your daughter was going to leave her job she would have left already and told them to swivel ref the van repair and told them to pursue her through the courts for the money.

But i would agree with the advise ref the invoice and company letter then chase up the cyclist.

Excellent point ref the injury compensation from the cyclist

Dont forget the curerent job market and also the possible difficulty of finding another job.



Lynall

 

[bennesspipers]

A nasty trick that, unfortunately its the sort of stunt a lot of mean firms are trying on,dont let em get away with it.

 

[horsesuitedfool]

I think using the full force of the law would have been sensible to avoid having to pay but since the damage has been fixed already its a bit like slamming the gate shut after the horse has bolted. Going after the cyclist with the invoice is probably the only way of getting back any money....

 

[Rory]

I have not spoke to my daughter this week but i have just this second rung her and she has had the van repaired at her cost and she has just picked it up,

I see this sort of post a lot on PistonHeads - someone asking for advice for a family member or friend and then the person concerned basically just shrugs and does whatever they're told.

I get annoyed at some of the things that happen to my kids, especially my youngest daughter who works in the health service with mentally ill people - some of the things that go on could result in patients, staff or even 3rd parties dying, her manager is completely useless but she won't make a fuss. All I can do is implore her to keep her backside covered.

 

[fenns]

gaz6148 -crockers is spot on with his advice earlier in this thread. Altho' it is not unusual for companies to demand a contribution from employees for 'fault' or 'contributory fault' claims I am unaware of the full cost falling on an employee.Usually the max cost to the employee is c.£150.

From the facts you have outlined I am surprised it was even suggested she make any contribution let alone the full cost. Perhaps this was some mouth-breathing low order management type who doesn't understand what his large-type manual states as company policy.

Either way, what's done is done and she has paid BUT as grober has suggested it is not beyond the bounds of possibility that the cyclist's lawyers (if a severe degree of personal injury is involved) might, should they become aware of your daughter's payment, use this as an implicit admission of guilt.

Therefore:

1. She really needs to have confirmation, in writing, that this is indeed the policy and it was on the strength of said policy that her payment has been made.

2. Obtain an invoice from the company or repairer confirming the cost of the repair

3. Get contact details of any independent witnesses

4. Check if your daughter has the benefit of legal expenses cover either under her household insurance or motor policy - this can help if it isn't some low-bid paralegal operating from a Glasgow crack den (believe me, a big insurance name has inadvertently sub-contracted legal expenses work to just such an operation!)
If she has suitable cover then call them and they should sort the next steps out for you.

If not, then:

5. Obtain name and address of cyclist (if not already in your possession) and compose a non-emotional, factual letting explaining that her negligence has cost you £xxxx and attach copies of invoices. Explain the company policy regarding reimbursement and attach a copy of the confirmation her employer has by now made available, as they must (or be guilty of a fraudulent statement)

*remember to include all reasonable costs as well as damge repair i.e. time off work (£13 a day pay !!?); torn clothes plus emotional distress etc.

6. Suggest she pass your claim to her household insurers and give her 14 days to repond after which you will take your claim to the small claims court.

7. Take it to the Small Claims court (assuming she doesn't get he cheque in 14 days) and I'd say her odds of reciving a succesful discision are c. 90%

 

[219]

I have not spoke to my daughter this week but i have just this second rung her and she has had the van repaired at her cost and she has just picked it up, (wish i had rung her earlier )
I have asked her to try to find another job, and as soon as she has i will be straight in there and demand her money back

I am both sorry and shocked to hear of this .

Clearly , your daughter does not want to 'play hardball' with her employers , nor does it sound as though they are the type who would pay up readily .

It would be advisable to obtain proper legal advice on this situation . The only leverage your daughter might have over the company would be for her to sieze , or 'poind' , the vehicle as a surety against her claim , stating that it will be returned to the company as soon as monies owed are paid to her . I'm not familiar with English law , but in Scotland this is a perfectly legal process - I'd guess something similar is applicable south of the border ?

Besides all the above , I'm sure everyone on here is eager to know the name of the company involved - as long as everything said already is factually correct then there is no danger of libel or slander : you can say or write anything , as long as it is true .

 

[gaz6148]

Thanks for the advice people, i am taking my daughter for lunch Sunday for a chat, she hates the job and most of the managers and supervisors, there is lots of swearing and cursing, all the drivers never last long there, but with the way jobs are at the moment they have a list of people wanting work, and my daughter needs the work at the moment as she has just moved into a new flat.
If worse comes to worse i will fund her till she gets another job (won,t be the first time) but i really need to to get back on her feet (she not long came out of a relationship)
Kids eh who,d have em