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Liability for damage to a work vehicle


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I wonder if anyone can tell me about my sons rights. He works for little more than minimum wage for a security firm and has been given a works van. While it was parked either in our road or at one other work address someone must have hit the side of the van. There is no damage front or back but half way down the passenger side there is a large indent with scraped paintwork, quite a blow. My son was not there when it happened and knew nothing about it until someone pointed it out to him. Being half way down the passenger side is not the sort of damage you do to yourself anyway.

 

The problem is his employer has told him though they will claim on the insurance for their vehicle that he is liable for the excess which is £250. My son was so angry he nearly walked out of the job as he is paid so little as it is and that is masses of money. In the end they agreed to go halves with him and he is to pay £125.

 

My question is, given that he did not commit the damage and knows nothing about how it happened, can his employers make him pay part or all of the excess?

 

It doesn't seem fair to me.

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Before he pays anything over, I think your son should ask for sight of the insurance policy.

He should also check his contract/personnel manual/staff handbook to see if there is anything in there regarding accidental damage to company vehicles.

Gbarbm

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My nephew and his colleagues are in the same position. They have all refused to sign the new contract which makes them responsible for £750 excess whether or not it is their fault. They had no warning of this, they were all just told to sign a new contract. So they have refused. Don;t know where its going to end up because the boss says he's still going to do it anyway. The lads say the first time this happens none of them will drive his vehicles. Most of them don;t have a personal vehicle so can;t be expected to use their own transport either. We shall see - good luck.

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How long has your son worked for this employer?

 

Does he have a contract or a statement of particulars of employment and/or copies of the company's policies?

If so, do any of these documents state that an employee is required to pay the insurance excess in the event of a vehicle damage claim?

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