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Posted By Jane Richards
Hi
Our employees are requested to have business insurance when using private cars for business work
What are the potential outcomes if a staff member is stopped by police and does not have adequate insurance and how does this affect passengers that may also be travelling with them on work business?
To have a definitive answer on how they may be affected would be useful to help with actually getting this information for checking!!
Thanks very much
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Posted By Mitch
Jane,
Depends on the insurance, I have had 3 different covers in the past, limited business use (on mileage and time of use), notifiable business use and full business use (very expensive!)
Mitch
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Posted By David Matthew
Jane,
Just to clarify, are you saying that employees are using their private cars for work purposes but haven't insured them for this use?
Regards,
David
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Posted By David Bannister
Jane, no insurance or invalid insurance whilst driving a vehicle is a crime and would likely be prosecuted. The driver would be fined and points on the license.
In the event of an accident, the passengers would have to seek compensation via the existing regimes for non-insured drivers or sue the driver personally if they are a lottery winner.
If the employer has knowingly allowed this situation to occur then I (assumption here) believe that this too is a breach of some criminal law and would be dealt with accordingly. An injured passenger may also have a right of action against the employer of the uninsured driver in these circumstances, particularly so if it their own employer..
Just to clarify: is this traveling for business or commuting to and from business? The latter is usually part of all motor insurances whilst business use needs to be specially arranged.
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Posted By holmezy
Jane,
If employees are using their own vehicles for work activities then they should arrange "business use" through their insurance company. Levels of insurance would depend on type of work activity. Nice, caring companies have been known to reimburse this cost either directly or via payment for mileage,wear and tear, insurance etc.
In reality,if the police did stop an individual, I cant imagine them asking for specific insurance for business use, they would expect, and be upset if no insurance could be provided at all. Of course, as with many things related to H+S and insurance, IF he was involved in an accident, it wouldn't be the Police that got upset, it would be the insurance company who may take the view that he wasnt covered for business use, so wont pay out.
Soon be beer time.
Holmezy
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Posted By Mitch
Jane,
Agree with Dave Bannister on the outcome, employers have a duty of care to "their employees, visitors and members of the public" part of that duty in these circumstances would be checking the correct insurance cover, valid MOT and Tax were in place as part of the RA carried out, my response was advising on the info' you will require for checking.
Mitch
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Posted By Colin Reeves
Original question asked for consequences - answers so far have all been related to the police and criminal sanctions. However, although you did say "employees are requested", it may also become a contractural situation and result in disciplinary action.
Colin
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Posted By Mike
Jane,
If there are line managers who authorise expenses do you place a written duty on them to check the class of insurance held ? Of course you can have other system checks as well but the immediate line manager knows that driver best.
No good for the driver who is allowed to authorise their own expenses but it's a start.
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Posted By Pete48
If an employee knowingly uses a vehicle for business purposes without having obtained cover for business use then they are NOT insured for that activity; in the event of an incident or routine stop they would risk being prosecuted for driving a vehicle without any VALID insurance. Without any valid insurance, they have no cover for any motor related events that might occur, whether to themselves or any affected third parties.
There are no obvious criminal consequences for the passenger but clearly they will not have the "comfort" of insured risk protection for any civil claims.
Many if not most companies now have formal systems that firstly advise employees on their duties in this regard and secondly support that guidance with some form of checks such as visual checks of insurance, driving licences, signed declarations at each mileage claim etc. Since the above systems are fairly obvious and simple to put into place, the employer who chooses not to do so may have to answer for their decision in either court.
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