Rank: Forum user 
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Can anyone point me in the direction of a court case where an employer has been prosecuted because an employee using their own car for work did not have business insurance?
I am looking to demonstrate that it is the responsibility of the employer to confirm the employee has adequate insurance to make business journeys rather than just telling the employee it is their responsibility.
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Rank: Super forum user 
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Whilst the employer could be found guilty of ‘cause or permit’ offence arising from s.87(2) (as amended) of the Road Traffic Act 1988 the employee would be more likely to be prosecuted under s.87(1).
I trawled the net not so long ago and couldn't find anything, but maybe some of the subscription services out there have more info.
By the way, the current ‘pressure’ on employers to check driving licences (etc.) is IMO at least in part a result of the increased pressure on Motor Insurers as a result of another recent change to s.152, which means they can no longer avoid paying out due to the non-disclosure of a material fact or misrepresentation of same by the insured.
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 2 users thanked Ron Hunter for this useful post.
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Rank: Forum user
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IMHO this comes from the employer being held vicariously liable. The employer has deemed the journey necessary for its own purposes, so by asking the employee to undertake the journey, it could be held liable for any liability arising from this journey. This would of course include any road traffic issues.
As insurance companies employ loss adjusters who look for reasons not to pay out, they would discover the journey wasnt for social, domestic & commuting (to usual place of work) and reject the claim. This would mean the Employer could be held liable. Not sure of any actual cases though, just my understanding of law.
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Rank: Super forum user
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In many cases it's benn where the employer was unaware of needing 'it business' cover. It old take they employee to say how and why they were driving for work. The cause or permit offence takes more than passive actions by the employer ( not asking the employee about it for example) so wouldn't commit the offence.
there are quite a few casescwhere cause / permit has been successfully prosecuted. As it's a summary offence, you would need to trawl the papers to find them.
there have been quite a few civil claims involving the employer because the driver was not insured.
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