Rank: Forum user
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I'm reviewing the company's driving policy and there's a statement in there that says if you have an accident and its proven to be your fault, then the company reserves the right to charge you the costs of the vehicle repair.
Putting aside the moral point of this argument, can anybody tell me what the legal standpoint is?
Surely the whole idea of the company insuring its vehicles is to take care of such an event happening?
If this is not the case and the company can legally levy this charge, should we be encouraging company car drivers to take out there own insurance cover should such an event take place?
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Rank: Super forum user
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I'm trying my hardest to fathom out why on earth you would be encouraging employees to take out insurance for something the company already provides?
Who is going to be the person that can stand up and decide whether the employee is fully at fault or not?
What about other circumstances that may have attributed to the accident, such as pressure to get from A to B, time management issues, journey planning not managed, work stress inducing aggressive driving
Think you would be walking into a legal minefield should you be challenged?
End of the day do you insure for this or not?
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Rank: Forum user
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Rank: Forum user
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Since all insurance policies have an excess.
Some companies reserve the right to charge the policy excess to drivers found to be at fault when driving a company vehicle.
Geoff
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Rank: Super forum user
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CDT: Do you know if this clause has ever been invoked?
It may have come originally from a US parent company dictat - and stems from the US military line that you look after your rifle or you pay for it.... Which goes right back to the war of independence when money was in short supply, and soldiers were given guns but then told to look after them...
In my opinion it has no place in progressive UK employment policies, and should be dropped. You may be able to persuade the 'powers that be' to drop it very quietly and without fuss if you are able to show it has never been used.
Steve
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Rank: Super forum user
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I really think it's about time that drivers accept that damaging a vehicle (and potentially causing traumatic injuries or fatalities) may actually be their own fault.
From the employers perspective: I give you this £20K piece of work equipment to use. Keep it safe and free from damage or else I may charge you for the cost of repairs.
From the employee's perspective: It's a company car/van/truck. The odd bit of damage or wrecked tyre doesn't matter - It's not mine.
What would be the case if an employee were to cause damage to a lathe or microscope or computer file server or scaffold?
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Rank: Super forum user
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What would the case be if following a fatal incident whilst driving that the employer was found to be a major factor due to expecting the employee to be at a certain place(es) at certain time(s).
The expectations of not having a robust but supportive driving policy may be leaving directors to answer questions apart from adding pressure of employees paying out excess in order to appease their managers/employers?
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Rank: Forum user
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Morally I think its an abhorrent clause and I've 'suggested' it should be removed, my Ops Director doesn't even know where it came from so I'm removing it from the policy.
But the argument still stands......................Is it legal?
For me, its the thin end of the wedge, the next thing will be charging for workplace equipment that gets damaged!
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Rank: Forum user
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Having recently helped the police with their "enquires" after a car accident and blamed after a cursor 10 min investigation, I would think if this sort of approach was brought into place, a number of challenges to the police investigation or CPS conviction process would ensue.
In our profession we go to great lengths to investigate accidents, with no automatic intention to convict or blame, from my experience the police accident investigation it's not an investigation, its fault blaming.
maybe if accidents were investigated to our level we may understand better why they happen and therefore help to prevent.
the "blame", would need better investigation, besides the excesses that most companies have on their policies and in £000's. What would happen if the employee could not cover the excess??
Maybe employees would have the right to seek their own insurance at a more resonable rate.
At your company, what about work related accidents, who covers the excees then? the manager?
look to improve their drivin
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Rank: Super forum user
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It sounds rather bizarre/absurd to me. Depending on number of factors, the cost of the repair, or I assume replacement in the event of a total loss could be 'out of reach' of the employee. Surely insurance is taken out by the employer to cover such events. I can't see how this approach could be deemed to be reasonable, and I would hazard a guess quite possibly (likely) illegal or 'unenforceable'.
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Rank: Super forum user
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We have such a measure in our company. If an employee damages a company vehicle through their own negligence they can be held liable to pay up to the amount of the excess and further if it is proven by police that a criminal act has taken place. Generally used as a tool to prevent or reduce poor behaviour from drivers as they may not necessarily look after a company vehicle as they would their own. Seeing some success also!!!!
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