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Drivers who are errant ?!

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M17966 View Drop Down
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Joined: 01/October/2017
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  Quote M17966 Quote  Post ReplyReply Direct Link To This Post Topic: Drivers who are errant ?!
    Posted: 01/October/2017 at 16:07
Hi there

We would like some advice please

We are small family business; own 2 refrigerated trucks and hire 2 casual drivers.

Driver A had an accident ( it was his fault )
Driver B used the truck on his day off and then the truck broke down and had to be towed.

Both trucks sustained damage ie costs.

Our question is -
Who is responsible to pay for the costs ?
Both trucks are insured, this would be higher premiums as well :(

Please help, thank you very much.

DoogleMcFroogle View Drop Down
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  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 02/October/2017 at 16:40
Driver A - insurance covers it

Driver B - is he allowed use of vehicle on days off/weekend? If not, I would say he is liable, although you would need to check his contract. Insurance should cover it, however maybe make him pay the excess if he is not covered for use of vehicle outside of working hours

M17966 View Drop Down
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  Quote M17966 Quote  Post ReplyReply Direct Link To This Post Posted: 02/October/2017 at 17:00
Hi Doogle
Thank you for responding.

Driver A - The excess for the insurance was the same as the damage incurred therefore we did not make an insurance claim. The amount was close to $1k so is the driver liable for this amount ?

Driver B - The damage incurred was a blown engine which is not covered under insurance. The driver did not have permission to drive on this day off. We have no written contract. Is he liable for the cost of the replacement engine ?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 02/October/2017 at 23:54
The accident by driver A is the companies responsibility, he was working for the company when an accident occurred, unless you can prove that it was deliberate, your company is responsible for the costs.

The damage to the vehicle driven by driver B is also the companies responsibility, this was a failure of the engine that could have occurred at any time, the fact that it was his day off has no bearing on the engine failure unless you can prove that the vehicle was being operated in an improper manner. You possibly have grounds to dismiss him for using the vehicle without permission on his day off.

M17966 View Drop Down
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  Quote M17966 Quote  Post ReplyReply Direct Link To This Post Posted: 03/October/2017 at 08:58
Thank you Citizen Joe. I get your point. Appreciate your advice.

Thank you Joe and Doogle for taking the time to over the long weekend to help a small business owner :)

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