Car damaged... who should pay?

[coconuttella]

A colleague has a job hat involved driving on occasion to visit clients... Work provide car allowance for her journeys at 45p/mile.

Last week, her car was vandalised on the road outside premises of client. He believes work should pay the £250 excess. Work are saying it's his responsibility as the car allowance should cover all costs relating to the car as the actual cost of petrol is 15-20p/mile. Can see both sides... Any idea on who's in the right?

[Ginmakesitallok]

She should pay. I don't see why she thinks work should be liable?

[NapQueen]

He pays. It isnt works fault. Ok so it isnt his fault either but its less the fault of his employer.

[NapQueen]

Oh her! Sorry not he.

[Floralnomad]

She should pay , unless she has a written contract that states the company will take responsibility for any damages incurred whilst on company business.

[coconuttella]

'his' journeys, not 'her' journeys...

[Snap8TheCat]

Is it a man or woman? I'm confused by your switch of pronouns?

[JigglyTuff]

It's not the company's fault that he has a £250 excess on his insurance. The 40p/mile is to cover everything I'm afraid

[Snap8TheCat]

X post

[coconuttella]

Sorry, it's a man... silly attempt to change sex at start to try avoid any possible 'outing'.

[StillDrivingMeBonkers]

Company car, company insurance pays. Company pays the excess. Unless of course its in her contract he/she pays the excess.

[LIZS]

Presumably he is insured for work use?

[coconuttella]

It's his car.... company pays mileage allowance to cover costs.

[coconuttella]

Yes, he's insured for work use, and presumably happy that the mileage allowance would cover this.

[StillDrivingMeBonkers]

In that case, as he owns he car he pays the excess.

[VivienneWestwoodsKnickers]

In this type of situation - 45p/mile is expected to cover damage. Companies don't pay your excess.

This is exactly why I ended up with a company car - if it's damaged in work time, work pay. On my time, I pay.

So your friend pays.

[araiwa]

your friend pays

[PigletWasPoohsFriend]

He should pay.

[Plumkettle]

Does anyone know the legal position on this, if there is a definitive one that is

[araiwa]

Does anyone know the legal position on this, if there is a definitive one that is

yes. the friend pays

[BritInUS1]

He needs to pay, work are not liable for this

[Mari50]

I use my car for business, wouldn't occur to me to charge work should something happen to my car whilst on that business.

[coconuttella]

I was leaning towards consensus view on here, so good to have views validated. His argument boils down to the fact that his car wouldn't have been damaged had work not required to visit this client, so it's therefore work's responsibility.

[AyeAmarok]

He pays. Definitely.

[araiwa]

his car wouldn't have been damaged had work not required to visit this client, so it's therefore work's responsibility.

thats why they pay him 40ppm

[Enidblyton1]

Your friend must pay. The car belongs to him.
It makes NO difference that he was using the car for work. This is why he will have to be insured for work as well as personal. Most employers would not let you use your own car for work journeys unless you show them your insurance documents proving that you have appropriate insurance.