Billed for an accident

[fro]

Hello,

 

Couple of weeks ago i reversed into the rails at work causing it to fall off, i told the site manager who got someone to come and repair it, now he is sending me the bill.

 

Is this legal since it was an accident, and i may not have reported it since no one saw it happened.

 

and if it was then I would have like to have a few quotes for the repair before it commence if i were to be the one paying for it.

 

Any thoughts?

 

thanks

[honeybee13]

Hello there, welcome to the forum. That sounds unusual, but I'm not sure about the legality of it. Is there anything in your employment booklet that covers this please?

 

My best, HB

[borisbeaver]

Were you in a company vehicle or your own one. If it was a company one, give the bill to the companies insurance. If it was your own, pass it to your own insurance to deal with.

[fro]

Hi Honey,

 

I don't have the employment handbook to hand - i will look on the network see if i can find a soft copy to read through, I will let you know if i find anything.

 

Thanks

[honeybee13]

Good point Boris, but it may depend on how much money is involved. Our OP could find themselves paying an excess if they claim.

 

My best, HB

[Norfolkmouse]

Hello,

 

Couple of weeks ago i reversed into the rails at work causing it to fall off, i told the site manager who got someone to come and repair it, now he is sending me the bill.

 

Is this legal since it was an accident, and i may not have reported it since no one saw it happened.

 

and if it was then I would have like to have a few quotes for the repair before it commence if i were to be the one paying for it.

 

Any thoughts?

 

thanks

 

I would imagine this is no different to reversing into another car etc. in a car park. It should be a matter between their insurance Company and yours. Obviously if the bill is more than your excess it makes sense to pay it raher than going through insurance. If its Insurance claim then follow normal procedures. If you are going to pay then insist on 2 or 3 quotes before repairs are made. Personally I would ask for their Insurance Company details and tell manager you will deal with them direct. Whatever you decide this is no different to any other accident and same procedures apply. Hope this helps. One important point as is mentioned so often in these posts, do everything in writing, phone calls and verbal assurances are worthless, always get proof of posting.

[elpulpo]

It is unlawful of your employer to have you make payments to them unless there is contractual provision or they have your prior signed agreement.

[fro]

Thanks for that Norfolk, it is less than my excess so i will be paying - what is strange is the fact I was not told I would be liable for the cost of the repair, I just got an email this morning saying this is how much it cost to finish the repair.

 

So the repair has already happened without the opportunity to get different quotes and i am meant to pay whatever amount is on the bill

[elpulpo]

We need to find out what your written statement of T&C's/Company Handbook says about you paying for damage.

[Norfolkmouse]

If you have made no admissions in writing and they did not inform you that they were holding you responsible in writing and had repairs done without doing this, then I cant see they have any claim on you and I would inform them that you do not consider payment for this to be your responsibility and is the reason they hold insurance. as epulpo says no previous agreement.

 

There is always a possibility to turn this around, was this bar in dangerous condition, was it a safety hazard, was it clearly marked so it could be seen, what damage to your vehicle, if little or none then for bar to fall off it must have been insecure? etc. What impact if any would an argument have on your job, is it worth it? e-mails are not a secure means and get lost or junked. Reciprical claim for damage to your vehicle? Its always worth thinking outside the box.

 

Just giving personal options on how to deal as don't have enough info to make an informed opinion of exactly what I would do myself.. Assume this is a managed complex with your employer being one of a number in the complex and using facilities, ie car park?

[fro]

That's true my company is one of 2 companies in the complex, very minimal damage to my car and still a mystery how the bar fell off so easily, main damage to my car was from the brick the bar was sitting/erected next to.

 

From company handbook

 

STOCK/PROPERTY

Our property must only be used for the purpose for which intended and must not be removed from the premises, without prior approval.

You have a duty to report to management, any damage to or loss of cash, stock, fixtures and fitting or property (including vehicles).

If, following investigation, it is found that as a result of your carelessness, negligence, or failure to comply with our procedures, or by wilful act, we suffer loss, or damage of cash, stock, fixtures and fittings, or property, (including vehicles), this will be construed as a serious breach of the rules, which could result in your summary dismissal on the grounds of gross misconduct.

We reserve the right to take disciplinary action, and in addition you may be liable to pay the full, or part, cost of making good our loss in respect of cash, stock, fixtures and fittings, or our property (including vehicles). In the event that we make a claim against our insurers, for repair, or replacement, or other losses incurred, we reserve the right to require you to pay any insurance excess that may accrue.

N.B. This would include losses incurred by the Company in respect of any hire equipment or costs which the Company have had to reimburse to a third party.

That's the closest thing to this situation i could find in the hand book, if following Investigation stands out

Any more thoughts

Thanks

[Norfolkmouse]

What does your employer say about this and are they involved? Is the handbook your employers or for the complex?

I think you have two options 1. tell them to get lost as they have not followed any laid down procedure providing this doesnt jeopardise your employment etc., or

2. Follow through with a written request for details of any investigation carried out, copy of any report on damage and an itemised list of repair costs, and their Insurance Company details and their Insurance Companies excess and take it from there when you get response.

I still think its down to my original assessment its between their insurance Co and yours and as you say it is less than your excess and if you want to clear this up, I would be inclined to make an offer in writing of half what they are asking, stating that the bar was in poor condition and unstable and therefore you are only prepared to pay part towards the full repair which the condition of the bar indicated it was needed anyway, I would enclose a cheque for the amount you are offering and see what happens. If they cash the cheque then they have accepted your offer.

[fro]

The site manager who looks after the building so to spk, is also employed by my company, the building itself is rented from a 3rd party but the occupying companies carry out maintenance such as this.

 

so in a way my company has been billed for it, or they have to do the repair - but are now trying to pass the bill to me.

 

I am inclined to go with 2. but to be honest i didn't think i would have to pay for it at all, the MD had a similar incident a few months back and I don't think he footed the bill (I don't know though) and office equipments get damaged by spillage etc and we don't charge the user for a new keyboard? why is this any different?

 

Thanks for your input

[Norfolkmouse]

Bit of a catch 22 situation, can only wish you luck whichever route you follow. For future reference no matter how small an incident, take pictures, as many as possible. I even take them if I park in a tight space so I have the regs of vehicles next to me, doesn't take a second with modern camera phones and a picture is well worth a thousand words. In your case it might have been sufficient to prove bar etc. was in bad repair and a danger. Good luck...

[fro]

thank you all, I didn't notice some other responses on the thread until now, i have decided to wait for the second request before i start the fight.

 

Thanks again