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Shiner50
I am a car salesman and as such have always had full use of company car with full insurance which is naturally supplied by my employer. Over the last year there have been incidents/accidents (within the company) which have necessitated in their insurance company apparently raising the excess on the policy to £10,000 (so I have been informed).
Unfortunately, this week as I left my house to take the children to school whilst enroute to work, I turned onto the junction and applied brakes (at approx 15mph) to stop behind the parked bus. Problem being that under the fallen snow was sheet ice and on applying the brakes, even at this speed, the wheels simply locked, no braking at all and the car 'gracefully' and continously, despite my efforts to brake/steer, slid towards the bus and finally hit it.
Although the speed was approx 15mph the car requires a new front bumper, wind and headlamp. The bill currently stands at £1,800 and my employer has informed me that due to their excess it is not their intention to make an insurance claim, therefore I am liable for cost of repair and will be deducted from my salary.
I could understand this if I was driving without due care and attention or recklessly. But with my young children in the car, at 15mph and the brakes not engaging when applied due to the first day of heavy ice, even the bus driver told me that he had witnessed several similar instances for the preceding 2 hours of his shift. I find it incredulous that as a company car driver, with insurance etc supplied by my employer that they can deduct any damage from my salary.
Does anyone know of the legitimacy, or not, of this scenario? Any advise will be gratefully received as I am unable to gain any definitive answer from anywhere or anyone. Thankyou.
axeman
QUOTE (Shiner50 @ Sat, 10 Jan 2009 - 23:48) *
I am a car salesman and as such have always had full use of company car with full insurance which is naturally supplied by my employer. Over the last year there have been incidents/accidents (within the company) which have necessitated in their insurance company apparently raising the excess on the policy to £10,000 (so I have been informed).
Unfortunately, this week as I left my house to take the children to school whilst enroute to work, I turned onto the junction and applied brakes (at approx 15mph) to stop behind the parked bus. Problem being that under the fallen snow was sheet ice and on applying the brakes, even at this speed, the wheels simply locked, no braking at all and the car 'gracefully' and continously, despite my efforts to brake/steer, slid towards the bus and finally hit it.
Although the speed was approx 15mph the car requires a new front bumper, wind and headlamp. The bill currently stands at £1,800 and my employer has informed me that due to their excess it is not their intention to make an insurance claim, therefore I am liable for cost of repair and will be deducted from my salary.
I could understand this if I was driving without due care and attention or recklessly. But with my young children in the car, at 15mph and the brakes not engaging when applied due to the first day of heavy ice, even the bus driver told me that he had witnessed several similar instances for the preceding 2 hours of his shift. I find it incredulous that as a company car driver, with insurance etc supplied by my employer that they can deduct any damage from my salary.
Does anyone know of the legitimacy, or not, of this scenario? Any advise will be gratefully received as I am unable to gain any definitive answer from anywhere or anyone. Thankyou.


If this is in your employment terms and conditions and you have accepted them you may be liable, employers are not allowed to make any deductions from your salary without your consent. why should you have to pay for others past misdemeanour's? My last company tried to introduce a similar condition but we all rebelled and they cancelled it. so long as you have not signed to allow this then its your call.
bama
1,800 quid ? at trade prices ? WTF were you driving ?
jobo
this is complete nonsense take them to tribunal
The Rookie
Indeed, it all depends on the T&C's you were employed under, if that included you paying the excess it would be at the rates prevailing at the time, and you would have had to agree to this change. This you appear not to have done, so they are liable over and above the excess you originally agreed to pay.

Simon
Hotel Oscar 87
Agree with all the above ^ ^ ^ ^ ^ ^

An excess of this size would suggest either a significant fleet or a signficant problem. If the company are trying to persuade you that they were forced to accept this excess then whilst from a simple financial standpoint this may be so the fact remains that almost certainly this situation has been brought about by their failure to manage their fleet.

Visiting the costs on their staff is wholly iniquitous and even if they were able to show gross negligence or a gross breach of company rules it would be normal to see some form of disciplinary proceedings against the staff member concerned and then a civil claim.

The relevant legislation is Sec. 13 Employment Rights Act, 1996. Such a deduction can only be made if it is in accordance with your existing contract of employment or you had supplied prior written agreement to such a deduction.

[edit:] Further to the above do not hang about if they do make a deduction the cut-off for proceedings via an Employment Tribunal is 3 months from the date of the deduction.
Transit man
A £10,000 excess!!! I have reduced my insurance considerably by accepting an £800 excess. I would be seeing an employment solicitor.
The Rookie
I can see a company rapidly deciding a £10,000 excess is costing them more than its saving!

Simon
spanner345
£10,000 excess on a trader's policy.

This does not sound right.
Teufel
unless your contract explicityl binds you to pay this then tey cannot deduct

if it bound you to an old lower excess then the co introduced a new much higher excees
then that would require a new contract term
Shiner50
Firstly, thank you all for your feedback and comments. I have worked with them for the last 3 years without incident and am shocked myself!! I need to further consult my T&Cs, but to be honest they dont actually state that an excess insurance is payable (of any amount). But it contains the usual 'reserve the right to recover any monies owed to the company' which could be for a debt (i.e. failed to collect correct balance of money, overpayment and so on). In no way does it bind me to a £10,000 excess!!! You assume that running a company car, which is supplied in the course of business, together with fully comprehensive insurance paid for by the company, that they would be liable for the excess? In fact, the indemnity/loan form that we ask our customers to sign prior to taking out a demonstrator vehicle, states that they are liable for a £250 excess in the event of an accident!!!
I need to look closer at the precise contract and will post it over the course of next couple of days. But thank you all.
glasgow_bhoy
Could they be claiming its a £10k excess just to try and avoid claiming on it? Or is there a risk they are not insured at all and just won't admit it?
Transit man
QUOTE (glasgow_bhoy @ Mon, 12 Jan 2009 - 20:04) *
Could they be claiming its a £10k excess just to try and avoid claiming on it? Or is there a risk they are not insured at all and just won't admit it?


You do think the worst of everybody don't you glasgow_bhoy laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif
glasgow_bhoy
QUOTE (Transit man @ Mon, 12 Jan 2009 - 21:59) *
QUOTE (glasgow_bhoy @ Mon, 12 Jan 2009 - 20:04) *
Could they be claiming its a £10k excess just to try and avoid claiming on it? Or is there a risk they are not insured at all and just won't admit it?


You do think the worst of everybody don't you glasgow_bhoy laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif laugh.gif


can u blame me laugh.gif
they say never trust a car salesman- so what do they say bout the car salesmans boss
davepoth
£10k seems a bit excessive- surely unless you are dealing with some pretty impressive metal then you are never going to make a claim with a policy like that?
Shiner50
rolleyes.gif Never trust a car salesman!! Ok.....fair enough I suppose I have had that coming for the last 16 years! Good point about the £10k excess though as to be honest none of us have ever seen this 'in writing'. As for serious metal, I work for BMW and yes, there is some serious metal in a lot of the range!!! But your comments have definitely got me thinking about this alleged excess. I will ask to see this in writing. Cheers!
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