One of our employees had their car damaged in our car park. To cut a long story short, we had a trainee fork lift trunk driver collide with a her car. There is a large sign in the car park stating that employee's park at their own risk etc. Question is, are we, the employers still liable to pay for the damages? We've had quotes of £500 for the repairs to her car, which is basically a new headlight and a bumper respray.
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Employee car damaged. Do we cough up?
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Posted 2 years ago #
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Imagine if it was your car......
Posted 2 years ago # -
Yes. Disclaimers arent worth shit if someone has been negligent...
Posted 2 years ago # -
Morally you should pay up.
Posted 2 years ago # -
I wouldn't want to work for your company if you're letting trainee forklift truck drivers practice in your carpark.
If you don't pay you'll alienate her and probably other employees.
Posted 2 years ago # -
Don't be such a tight ass ffs. Can't believe the question has been asked.!
Posted 2 years ago # -
tight get. cough up
Posted 2 years ago # -
Yes, you pay. Disclaimers aside you (the company) have been negligent
Posted 2 years ago # -
How much do you want her to stay at your company?
Posted 2 years ago # -
Morally you should pay up.
+1
Posted 2 years ago # -
I think you should pay. Aside from the legalities and morality of it, the message being sent out to your employees if you try and wriggle out of it is that you don't give a s**t about them and that is arguably likely to cost a lot more than £500 in the long run as people remember that sort of thing.
I'd echo the message about letting trainee drivers loose near people's cars though...
Posted 2 years ago # -
Yes, I think it's clear cut. You should repair her car. And learn not to put an apostrophe to signify a plural.
Posted 2 years ago # -
The alternative is to let her insurer chase your insurer, in which case you'll still pay!
Posted 2 years ago # -
What about replacing the sign in the car park for a Job vacancy for a forklift driver?
Posted 2 years ago # -
The sign is just stating that you're offering no special protection or care for people who park there, so if a client's or employee's car was burgled or vandalised by a third party you've made no special promise to keep it safe. Unlike if it was stated to be a secure/guarded and parking there came with an assurance.
But it was your company's forklift and your company's employee/trainee driving it so of course the company is liable, you'll be liable for anything you damage. Your public liability would cover it wouldn't it?
Posted 2 years ago # -
No question, and not just handing over cash either, unless that's specifically what she wants. Get her a hire car, organise collection and repair of hers, together with a valet and a big bunch of flowers. In the meantime get your finger out and sort your health and safety out before someone gets killed.
Posted 2 years ago # -
Can't believe anyone is actually asking this question - talk about trying to wriggle out of things. Training drivers in the car park without decent barriers/space? Hoping you can get away with damaging property because you've stuck a disclaimer up - what sort of a company is this?
Posted 2 years ago # -
im angry just reading this cant believe you had to ask the stw massive.
Has your company no morals and respect for its staff?
Your not a major uk telecoms by any chance are you - thats what my lot are like
Posted 2 years ago # -
What skidartist said. I'd see "employees park at their own risk" as a disclaimer for damage caused by a third party.
But in this case it's clearly the company's fault, so they should pay up.
Posted 2 years ago # -
In the meantime get your finger out and sort your health and safety out before someone gets killed.
Well yes that too. I hope you're looking after the trainee, poor sod, he must feel awful about it.
Posted 2 years ago # -
Think it has been said really, morally and probably legally, pay up. The real issue is how did the trainee hit it. Inadequately supervised? Inadequately trained? Both could be pretty serious issues and will be questioned if anything else happens.
Posted 2 years ago # -
I'm going to stick a sign on the front of my van saying "Pedestrians stand about at their own risk" then mow down a bus queue
Posted 2 years ago # -
I reckon cough up immediately and be very nice to her and hope she doesn't make a fuss about poor H+S and training procedures. Can't believe the question is being asked really.
Posted 2 years ago # -
if said employee damaged your car in the same car park would you just let it go? Don't think so somehow.
speaks volumes that you've asked this question in the first place
merry christmas
Posted 2 years ago # -
I'm guessing Daisy might regret posting this question!!
Posted 2 years ago # -
You could say that!
Posted 2 years ago # -
I've noticed a patern emerging here.
It seems that the general opinion is that you should pay up and do it quickly with an apology, a smile and a bunch of flowers for the inconvenience.Posted 2 years ago # -
..and let her wee in the forklift drivers shoes*
*not necessary but it is a while since I have seen the phrase on STW and thought I would revive its use.
Posted 2 years ago # -
Yes flowers and two great big corks on the end of the forklift forks.
Posted 2 years ago # -
As has been said - pay up!
Just because a sign has been put up, you cannot shirk your responsibilities if you/your employee has been neglegent.
Was the forklift driver trying to jack up the car - car jenga stylee....
DrP
Posted 2 years ago # -
Spend the £500 on a bike for her
Posted 2 years ago # -
let the employee worry about the repairs. Meanwhile change the carpark to a forklift training area, and implement the bike to work scheme.
Posted 2 years ago # -
If the forklift driver managed to hit a large stationary object (a car) I'd not like to risk walking about that carpark, say to my car...
http://www.youtube.com/watch?v=Tqd4aPs5WTA (you want to watch it right through)
Posted 2 years ago # -
if an employee chinned you in the employee car park would you say no probs I realise that "employee's park at their own risk etc"
Posted 2 years ago # -
I vote we all wee in Daisy_Duke's shoes
Posted 2 years ago # -
..and let her wee in the forklift drivers shoes*
*not necessary but it is a while since I have seen the phrase on STW and thought I would revive its use.
And own him with Bombers.
Posted 2 years ago # -
Thanks all for your responses! To be fair, we were never in disagreement with paying for the damage to her car, but some of the damage the employee was claiming for so minor you had to get a magnifying glass out to see it. I'm not joking here I promise. Also just to point out that the car park was not used as a training area. The driver of the runaway FLT went through a roller shutter door which took 99% impact. It only damaged the car on the exit. Feel sorry for the FLT driver and glad he wasn't hurt himself. He said he hit the accelerator rather than the brake!
Posted 2 years ago # -
ffs, trainee's should'nt be driving around unsupervised anyhow?.
damage is damage, pay up. If it was yours or other management's car/property i doubt there would be so much indecision regards the handling of the whole event.
Posted 2 years ago # -
BB, how do you know he was unsupervised?
Posted 2 years ago # -
Does it matter if a magnifying glass is needed? If the car was unmarked before, it should be repaired to that standard. And the poor sod is left with a car that has respray on it that rarely matches up to original paintwork and can reduce its second-hand value.
Pay in full, grovel and do whatever is needed to satisfy the employee 100%
Posted 2 years ago #
Topic Closed
This topic has been closed to new replies.
