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Am I liable for insurance excess on my ex employers vehicle?.

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Marciaup | 16:44 Tue 30th Oct 2012 | Law
38 Answers
I was sent to deliver a parcel in my employers van last March and a car went into the back. The other driver was convicted of drink driving.
This was my first accident in 40 years of driving.
The van was about 7 years old and was a write off.
I had checked the van was insured before driving it.
I retired in June and heard no more about the accident until now.
I have been advised that owing to the fact the other driver was not insured I am liable for the insurance excess amounting to £200 and my ex employer wants me to sign an authority form for it to be deducted from my pension over 10 months.
The regular van driver was on holiday that day and I have never signed anyhing with regard to this excess.
Can I be held liable?.

Marcia
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If you were driving your employers van and requested to do so by your employer then you should have been driving under his insurance. if you were not at fault then I dont see why you should be paying the excess. I would refuse.
No. Tell your ex-employer to sling his hook.

I am sure the employment experts (and there are some really good ones on here) will correct me if I am wrong but there is an implied term in your contract of employment that your employer will indemnify you for any reasonable and legitimate expenses incurred during employment.

Unless there was an express term in your contract saying you would pay such an excess it is tough.
as you were carrying out your employers instructions at the time tell him to go and whistle dixie, do NOT sign anything, he has no right to expect you to pay.
Are you sure this isn't a wind-up by someone at your old job?
i think you have "wind up" right. Probably not by someone at his job tho
I too remember a previous poster called Marcia, bednobs
There is no possible way you are liable, tell them to go forth.....
I suggest people don't get wound up by this post
Question Author
I am certainly not signing any form in relation to the excess.
There was a clause in my employment contract saying that some of my pension could be taken if fraud was discovered even after I had retired but this was clearly not a fraud situation.
As it happens the van was never replaced.
The van driver from the office I worked at has now retired and a van run is done once a day around the various buildings and deliveries are made to customers as part of this run.
That van is kept at another building.
If there is a sudden need to get something somewhere urgently people are now sent in their own cars or to some places by bus and mileage costs / fare are paid or the item is sent by courier.
I am just glad I was not using my car at the time.

Factor30

In relation to my name Marcia I have only met 1 other one and that was at school.

Marcia
I think I was confusing you with this Marciau
http://www.theanswerb.../Question1157397.html
I know two Marcias.
The following draft might help:

Dear Mr/Ms Personnel,

Thank you for your letter of pqr. Please could you advise where in the terms of my employment contract with the company at the time of the accident you consider there is an express term that could render me liable for the insurance excess, as you are suggesting in your recent letter to me.
Question Author
Hi DSJ

I supose I know 2.
Myself and the one from school.
I do not however know where she is now as she is not on friends re united and we did not keep in contact.
Anyone who really was in this position should do a s Buildersmate says.

Did the police come to sort out your fireworks problem, by the way?
.....with bog off at the end!!! x
i'm sure ive seen a similar q to this ....
You will have, mcfluff.
Here's just one example. http://www.theanswerb.../Question1138294.html
I could find better ones but I won't bother think many people can spot Brimoan etc a mile off know.
But Factor30, those of us who don't care who they are or if it's a real situation or not should be able to discuss the question, however ridiculous you find it, without constant attempts to "out" people.
It's the one aspect of this site that I find really unpleasant.
It's an interesting thing to debate whether it's real or not, or should we remove all of Mrs Overall's stories? Thought not.
I have to quarrel with you. Your patience with Desktop is amazing but it's really offputting when people here do that.
I have NO quarrel...jeez my typos are spectacular.
Fair enough Mojo.

If posters want to spend time considering the scenario and giving advice that's fine. I am just hinting at the poster's history (and I do know who it is and that a suspension usually follows) so people like you, barmaid, buildersmate etc can decide whether they still want to spend their time on it (which is fine- I sometimes do the same) or whether they would prefer to deal with threads from bona-fide members of AB.

The Ed must have a view on this because he chooses to issue regular suspensions when previously suspended users return.

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