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#1 Posted : 17 September 2007 14:40:00(UTC)
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Posted By Raymond Rapp
...in the newspaper today about a employee who was found guilty of driving without due care and attention. Anyway, his employer claim that the accident which he was involved in occurred during his lunch break! Hence the employer's insurance company have stated that they will not pay out compensation as the policy only covers 'work' related activities.

The aforementioned accident killed a father and son. The widow is now facing severe financial problems. Surely the insurance company cannot be allowed to get away with this very dubious 'small print' clause.

Interested in your views.

Ray
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#2 Posted : 17 September 2007 15:02:00(UTC)
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Posted By Robert K Lewis
The drivers insurance is liable in these instances. If uninsured then there is a fund to deal with the issues. This cannot be an employers risk if someone leaves site in his lunch break to undertake a "jolly" of their own.

Bob
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#3 Posted : 17 September 2007 15:27:00(UTC)
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Posted By Bob Shillabeer
Quite right, if it was not in connection with his employment it is simply a road traffic accident and is covered by the drivers insurance system. If however, it was involving the work activity (hence saying he was on his lunch break) then it becomes a work related thing, but the insurance still covers the situation one wayor another so if the driver had insurance then he is liable either as a worker or personnally through his own insurance. If the car involved was a company car then under what situation was it being driven and was that driving activity permitted (and of course covered by the company insurance cover). Anyway if the law on insurance was being followed the injured person has a claim in law.
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#4 Posted : 17 September 2007 15:47:00(UTC)
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Posted By Raymond Rapp
I should have mentioned in the same article a quote from the Association of British Insurers said: 'if a company car was not taken home at night, it could have business insurance which covered only employees carrying out duties.'

Still seems odd to me. In that case a person popping down the road for personal reasons is deemed to be driving without insurance. Surely not!
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