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Is this a normal response by employers following a nanny car crash?(37 Posts)
Have name changed for this as I may show the nanny in question this thread. In a nutshell she had an accident in her employer's car, which she uses for work (reversed into something I think). The car had to go into the garage for repairs, and so the nanny had to use her car to take the children around.
The employers are not reimbursing her for petrol and have decided not to claim on the insurance - but have asked her to contribute £250 towards the repairs (which I think were in the region of £500.)
Not sure what her contract says about petrol costs, but woulde interested to hear whehter this is normal - if my nanny crashed, as a normal rule, I think I'd have just expected to claim on the insurance and accept it as part and parcel of employing a nanny (unless it was a reular occurence/complete foolhardiness, in which case I'd probably be concerned around the children's safety).
So, is this normal?
What would the insurance excess have been if they had claimed.
By not reporting to their insurance company (to save on increased premiums next and following years) they are in breach of their insurance contract. If they expect the nanny to collude with this then it would be very unreasonable to expect her to pay more than what would have been the full liability if they were more honest.
I don't have enough details I'm afraid. Would you expect the nanny to pay the excess as a general rule?
Yes, but then again I would expect the employer to pay for the petrol used by the nanny whilst "on duty".
Personally I wouldn't, but I am sure there are some employers would.
It is a pain in the arse but you take it as part and parcel of employing a nanny (in the same way I wouldn't have dreamed of charging my nanny for repairs to the washing machine despite the fact that she washed DS's trousers complete with 4 handfuls of rocks!)
I'd say it's part of driving and being a driver more than anything. Claim on the insurance and if they need to buy parts ask her to contribute towards the cost.
I'm not sure it would have occured to me to ask for the excess to be paid (on the basis that I selected the excess amount when I took out the insurance, and the nanny would not have had a say), but so far I've not been in this position. I was surprised to hear about this nanny's situation though, and she feels that it's not something she can do anything about, as she is not the confrontational type.
I have friends whose au pair recently crashed their car while driving their children and they docked the repairs from her wages
I thought this was mean, mean, mean. The au pair obviously did too as she left
I wouldn't push any of the cost onto the nanny including the excess. Would just see it as part and parcel of having a nanny. We haven't had a nanny or au pair crash that was their fault. Have had someone crash into nanny and each au pair has had a tyre blow-out. Can't imagine passing the expense on in any case.
As an employee I have a company car and am told in advance what the excess will have to be when if I have an accident. The nanny should probably have been told the same and if not told then there is an argument on both sides as to how much she should pay but £250 seems a bit steep, £100 would be a reasonable excess for an experienced driver with a clean record and over 25.
The relationship with au pairs is different, I have so far gone through two tyres and a wheel (a particularly hard thump into the kerb that one) and would not expect them to have paid (though one did offer).
my employers pay for any accidents/excess etc but its something i have in my contract - learnt from a friend having to pay a few hundres, years ago, so over 2 weeks wages towards excess
We will provide a car and suitable childseats for our nanny to use during the days that you are working. We will insure that the car has tax, mot and has fully comp insurance. If an accident happens while our nanny is driving, regardless of fault, we the employer will cover all insurance costs.
why are the family not going through insurance,sure their excess cant be more £500 and if they have protected then shouldnt be a problem
one one hand i can see that if the nanny has an accident and is her fault, she should be liable, but that is part&parcel of employing a nanny - unless happens lots
i managed to roll my works car 6mths into job, and ended up on roof, ,my dc then 1 and 4 were hanging upside down, saved by their car seats and seatbelts
it all went through db insurance, and was 50/50 but the lady who i hit/hit me hounded me and kept ringing trying to make me admit was my fault
db answered the phone one day, and said "i dont give a fuck about the insurance/car, my children are fine,as is my nanny, and thats all i care about, not a piece of fucking metal"
sorry for woffle,yes parents should pay your friend petrol costs - but maybe not 40p per mile as it isnot mb/db fault they have to pay petrol iyswim
One of our au pairs managed to drive my brand new mini cooper through a hedge into a field and we made her do something like 8 weekend babysitting nights to help 'pay' for the repairs but that was because she was not allowed to drive it and was in it without permission (trying to do someone else a favour at the time).
If the nanny was using the car at the time for nannying stuff, and not doing something stupid then I wouldn't expect them to pay anything (although I do have a clause in both nanny and AP contracts specifying the right to claim the excess from them if they are negligent). If the nanny was however using it on a night out or something then I might invoke the clause.
I would have an issue with the nanny using her own car though - her own insurance could be invalidated if it is deemed that she is using the car for business purposes - no idea if an insurer might take that line in a crash.
Dadinstead - would you have to notify your insurers if no other car was involved? Surely not?
It is the terms of most insurance that any accident fault or not should be notified - this from the RAC insurance website "You must ensure that:... we are supplied with true and complete information about the car and the insured drivers and any incident of loss or damage which may involve us as your insurers." [my bolding]
Also where all other expenses are being met by the employer the rate (which HMRC will allow as tax free) for petrol only reimbursement is 10p - 12p /mile (depending on engine size).
Interesting point on the insurance.
Thanks for the responses, it seems the consensus would be that the employers are being unfair.
Never employed a nanny but I was head of procurement in a previous (pre baby) life and responsible for all car insurance (600+). The employer has a legal responsibility to notify their insurance company of this accident/incident. Also, as far as I am aware it is not legal to deduct costs associated with this accident/incident unless it is in the nanny's contract.
I think the employers are being very unreasonable.
This is precisely why my nanny gets a bus pass.
I think it is unreasonable to deduct money they chose not to claim from insurance from her paycheque. But, I do think it would be fair to tell the nanny that if the premiums go up because she has an accident that she would be expected to pay the increase in premiums -- but only if discussed and agreed before the job begins. I'm assuming it wasn't, and so the employer is being unreasonable here.
any chance they haven't added her to the insurance and that's why they don't want to claim?
I haven't read all the replies, but I think the employers have to 'suck up' the reality that every day use of a car will sometimes result in scratches and scrapes. If it had been one of the parents who'd reversed into something (and can they really swear that this is not a possibility) then they'd have to pay for the damage.
I think it's quite crappy of them to expect the Nanny to incurr the cost of the accident..
I think it is wrong of the employers and failure to disclose an accident is cause for insurance to be refused in the future meaning a huge hike in premiums.
As Blondes said, when i nannied i crunched the car a couple if times, once 50/50 and once 100 his fault my employers dealt with it and sorted hire car etc.
Good point Polly as some insurance companies add a bigger premium if an added driver is also a employee.
Did the nanny cause the crash due to her own negligence, with the employers children on board?
£500 seems a lot of damage for reversing into something - thats what bumpers are for
assume wasnt going fast
wonder if nanny is on employers insurance
Maybe the damage was caused under the car rather than behind? Lots of vital things could loosen, I suppose?
I think if you want your employee to drive your vehicle as part of their job then if they have an accident, they have to pay for it. I have a company car and I have to pay the first £50 of any accident and after that the insurance picks it up. It's hardly the nanny's fault that they don't want to claim on their insurance
Nannies need a trade union really don't they?
think we have one
called erm ...... nuts ( I think)
nannies united together ....
we can call acas if we have a problem
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