- Employee car damaged. Do we cough up?
Technically you are liable for the damage under the tort of "vicarious Liability" where a servant or emplyoyee causes damage through negligence whilst engaged in your employment.
So the emplyee can claim against your commercial insurance. But then the insurers will want to know about all the H&S stuff, ie supervising, certificates, and it will waste more time of yours than its really worth, along with a naffed off employee.Posted 10 years agoogwenMember
side note – supervision of FLT driver. I've done it before so speak from experience…
I'm sure the driver was supervised, but unlike a car there is no space for dual controls, and the supervisor is not allowed to ride on the truck for obvious reasons. It sounds like the FLT driver is a muppet but also i'm sure he was properly supervised.
The damage to your roller shutter will be more than £500 though….Posted 10 years agoGJPMember
I would resolve this matter promptly and to the full satisfaction of your employee, otherwise your company will end up in deep s**t.
I would have had no hesitation in contacting my own insurers there and then, it would have been well within my rights, and if you had tried to get into any negotiation about the extent of the damage, then I would have been on the phone before you had taken your next breath.
What for a miserly £500, that is a nothing to get any sort of body work/ paint work done to a car. All in all count your blessings it wasn't worse and someone wasn't injured or killed and take use the incident as a learning opportunity.Posted 10 years agofatsimon mk2Member
daisy duke as someone who fixes forklifts for a living its pretty simple pay up and be VERY nice because if h&s executive turn up to investigate you will be i a world of SH*T,cause i really hope you have your forklift serviced twice a year and you have a thorough examination carried out once a year if not your breaking the law factPosted 10 years ago
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