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Private vehicle use for work purposes - civil cases
Rank: Super forum user 
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Can anyone point me to a civil case whereby someone at work, using their own vehicle to carry work collegues had an accident leading to an injury of a passenger and where the employer was held partially (or totally) liable. I am thinking of a case where the driver had no insurance so the liability shifted/focussed on to the employer. I am trying to get a point across to people in management that checks of driving licenses and insurance etc for use of private cars when transporting work collegues is necessary if the employer is to limit any potential liability for the failings of their staff. I'm sure there was a recent case but cannot recall it. Any help would be appreciated.
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Rank: Forum user
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Its not going to be much help, but maybe it will triiger the memory of others?
I seem to remember there was an occasion when a University lecturer who decide he would take a couple of students to a site, (field trip or whatever). During the travel he crashed his car and their was some pretty serious injuries and it turned out that the lecturer was not eligable to drive (no insurance, no license????). The ultimate liability went back to the uni for not ensuring they "authorised" and carried out "suitable checks and controls" on anyone driving on company (uni) business?
Sorry I cant remember any more specifics.
Holmezy
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Rank: Super forum user
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Chas,
Do you need case law?
Why not ask your motor/fleet insurer what the situation is regarding employees using their own car on company business. If they say there is no cover under the fleet policy AND employee has not extended the Social Domestic & Pleasure cover to include occasional business use then in the event of an accident any damages/compensation etc will come right back to your employer i.e. off the bottom line, not from an insurance policy.
Phil
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Rank: Forum user
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Following on from Phil's point about speaking to your insurer, they are also more likely to know of any case law which would be applicable.
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Rank: Super forum user
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I am currently awaiting feedback from our insurers and wanted to know if anyone else had any relevant information. I need some case law because I think it would be useful in order to help paint a picture and focus the minds of those who are more often focussed on cost cutting exercises and issues that are more important than H&S management!!!! (their words not mine).
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Rank: Super forum user
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There probably isn’t any specific case law on this matter. There is in practice very little case law- the majority of claims – 99% are dealt with outside of the court system by lawyers and other based on what they THINK the courts might say. When a relevant case turns up in the courts, it triggers a feeding frenzy from lawyers trying to find out what precedents it establishes, who will discuss it at length and publish these discussion on the Internet. If you can’t find the case law easily then it probably does not exist.
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Rank: Super forum user 
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I am with Phil; do you need case law? I not convinced that case law is always necessarily helpful.
There is plenty of information and guidance out there from any number of ‘reliable’ sources (HSE, RoSPA etc) which should ‘convince’ any sensible employer that such checks are well advised and justified, without the need to resort to case law. I am sure that your own company insurer itself would provide you with similar justification without too much procrastination; ours did!
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Rank: Super forum user
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In support of what AK has said.... seems that not many realise that c90% of civil cliams are dealt with by negotiation, outsdie of the courts.
Many employers state that they wish insurers would fight more cases, go to court etc. But:
- not worth fighting if there isn't a robust defence
- going to court costs more
- when in court one has essentially "lost control" e.g. no matter how good your star witneess appears on paper/in their statement if they crumble on the day or do not impress the judge thene the case may be lost
And as for the argument that it will "send out a mesge" or deter other potential claimants is that valid when one is considering a claim following a fall from height in a firm employing 10/15 people? When will the next such claim occur?
Phil
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