Re: PLEASE ADVISE.

Martin Milan wrote:
"Dennis D Cochrane" <ddc.arcady@xxxxxxxxxxxxx> wrote in
news:43147bfc$0$19724$cc9e4d1f@xxxxxxxxxxxxxxxxxxx: 


Hi,

I wonder if anyone can help please.

My partner works for a local charity as a support worker ie, she helps
people with learning difficulties. Although not actually employed as
a driver she drives the clients back and forth to day centres, doctors
etc. in their car. She made a mistake and directed one client to put
petrol in a diesel driven car. She has been told that she should foot
the bill for the fuel system clean-up and pay the cost of the wasted
fuel. She has agreed.


First of all, who owns the car? Does it belong to the charity itself or
to the client? The reason I am asking is motor-insurance... If she is
driving a client's car under the third party protection on her own
policy, there could be a problem...

Many policies these days cover drivers, on a third party basis, for any
other vehicle that they do not own so long as they have the permission
on the vehicle's owner. However, driving in the circumstances you
describe would come under busniess cover, and that part of your cover
(if you have it at all) doesn't usually transfer to other vehicles. For
instance, this is exactly how my insurance works.

On the other hand, if the vehicle is owned by her employers, she's
presumably covered by a fleet policy and all is well. This is how I get
along - I insure my own vehicle privately, but if I need to use one of
my employer's vehicles then I a seperately covered on my employer's
policy. 

I feel though that we all make mistakes and that companies budget for
errors as well as successes and that the employer should sort this
out.  She is on a low wage (less than £7 per hour) and this may well
cost her two or three day's pay.  Is she legally liable or is the
charity looking for more charity from its workers?

Any help would be gratefully received.


The simple truth is that I am not able to offer an informed opinion on
whether she is liable. I would have thought not, but I know that if I
damage any of our company vehicles then I am personally liable for the
first £500...

Depending on the costs involved in this, it might be worth getting some
professional advice. After all, many solicitors offer half hour free
onsultations these days...

ISTM that anything to do with motor insurance is clearly not relevant in this instance. I don't think any motor policy covers putting the wrong fuel in. I may be wrong but other posters have said much the same.

However, her charity should have 3rd party liability insurance that will cover any accidental damage she does to anyone or anything done whilst doing her job.

What follows may easily be wrong, if so, there are many experts here who will put me right, I am sure!

I would expect that your personal liability for the first 500GBP of damage to your company vehicle could only be applied if you were grossly negligent with the vehicle..I am not sure it could be imposed then, although you may chose to pay it rather than be dismissed for gross negligence. Unless they kept to the letter of their dismissals and appeals procedure, you could easily claim wrongful dismissal..so it may still be worth telling them where to put their demand for the money, should you have a prang.

--
Sue





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Relevant Pages

  • Re: PLEASE ADVISE.
    ... Does it belong to the charity itself ... >> On the other hand, if the vehicle is owned by her employers, she's ... >> presumably covered by a fleet policy and all is well. ... >>>errors as well as successes and that the employer should sort this ...
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