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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

My fault but should I pay for the damage?

365 replies

CountryGirl17 · 28/03/2023 12:57

I can admit that it was totally my fault that I drove accidentally into my employee’s VW Transporter in the car park at work. When I told him, I was devastated and he was obviously annoyed.

As I am insured with a social, domestic and commuter policy, I thought the process would be very straightforward, but it’s not. When my employee looked into his policy, he only had social and domestic insurance and then immediately changed his policy to include commuting after the incident. When he told me, my heart sunk as I had technically hit an uninsured driver as he was using his car to travel to work. Though, as it wasn’t his fault, my insurance would cover it. I told him that it wouldn’t be an issue, but he wasn’t confident or comfortable about that.

But, that wasn’t the only issue, as he advised me that he made some modifications to his vehicle, increasing its value and I am not 100% sure that he notified his insurer (that’s my suspicion). He did say to me that he was concerned that any repairs may not factor in the cost of the modifications or could effectively right off the vehicle. Another reason to not go through insurance. Again, my insurance should cover the cost of the damage.

The damage to my car is over £1,500, so I have to make a claim and I am okay pay the £250 excess. Though, my colleague has been really paranoid and doesn’t want to go through his insurance for the reasons that he wasn’t insured at the time and his car was modified. He doesn’t want to take any risks. As he doesn’t want to go through insurance, he has decided to get his car fixed by recommended bodyshop repairer. This repairer offered to do my car too, but they are not recommended by my insurer. This is his choice.

To protect him, I’ve submitted my claim but not involved my colleague. They haven’t questioned it and the claim is going through just fine, which is good. My colleague isn’t bothered that I not telling the complete truth to my insurance company. Now, our HR department has gotten involved because my employee is upset about paying for the damage that my insurance would have covered. I can understand his annoyance, but the complications are not my fault and it was his choice to not go via insurance. If we went through insurance then he wouldn’t need to pay anything! The company has offered to loan me the money to pay for his damage, but I would have to pay it back, which basically means they are encouraging me to pay for his damage. It’s a lot of money and this is a nightmare!!!

AIBU to not pay out as I am insured or should I pay out as he works for me and it’s not his fault? I don’t know what the right thing is? Thanks.

OP posts:
HeyDemonsItsYaGirl · 28/03/2023 13:01

Are you in the UK? I've never heard of a policy not covering commuting. It's business use (which doesn't include commuting) that you often need to add separately.

Anyway assuming this is a weird policy and he was uninsured, that's all on him. You don't pay.

Scarlettpixie · 28/03/2023 13:01

Can’t you offer to put it through insurance? I don’t think the company will take issue with him initially not claiming then changing his mind - unless you lied on the forms in some way?

MXVIT · 28/03/2023 13:01

don't you dare pay out!

Yes the accident was your fault but the fact he's uninsured isn't! he's about to learn an expensive lesson in keeping your docs up to date.

CharlotteUnaNatalieThompson · 28/03/2023 13:02

Fuck that. You're happy to claim through his insurance. He's not accepted that. This is on him. Why should you pay his repairs out of your own pocket when you could claim through insurance?

I'd be making sure your company understand that you have offered this and it's his choice. You will not be out of pocket for this choice but the offer is open to claim through your insurance if he's in agreement

Theshortone · 28/03/2023 13:02

I would absolutely refuse to pay except through the insurance in this case, he could be lying about the modifications to you too (the body repair might be a friend who could lie about the price). This is totally on him for lying to his insurance. Just say that you can't afford to pay him and will absolutely not take a loan out under pressure. But you will happily go through insurance. I'd also tell YOUR insurance about this asap so it doesn't look like you were hiding anything. Keep any proof/texts/emails about him telling you this.

Scarlettpixie · 28/03/2023 13:02

I also though that social/domestic use covered travel to and from work.

Choppies · 28/03/2023 13:02

So your insurance would have covered his damage and he’s refused this as his own insurance wasn’t in order? Nah - his choice to not go through your insurance so after that it’s on him, not you.

CharlotteUnaNatalieThompson · 28/03/2023 13:02

Through YOUR insurance not his

Billybagpuss · 28/03/2023 13:04

It’s not your fault if he wasn’t covered and you should always be honest with the insurance company. It’s also none of HRs business.

what exactly did you tell the insurance company? That’s a risky thing for you to do and could invalidate your own insurance and get you blacklisted in the future

MynameisJune · 28/03/2023 13:04

What did you tell your insurers happened to your car? Hopefully if you go back and change the story now to cover his vehicle it won’t be classed as fraud.

Chickenly · 28/03/2023 13:05

You should’ve told your insurer everything. Your colleague should be given your insurance details too and should go through their insurance also. You shouldn’t pay out anything other than your insurance excess.

FiveHundredDucksWentOutOneDay · 28/03/2023 13:07

There's something really suspect about this whole thing.

But you're in a tough spot now; because you're basically stuck with whatever story you initially told your insurance company, or you risk potentially being found to have tried to defraud them... and that will have pretty costly repercussions across every type of insurance you need for the foreseeable future.

Littleloveydovey · 28/03/2023 13:07

You chose to lie to the insurers. You need to tell them the truth now.

Sqqueeeeeeee · 28/03/2023 13:08

Give your insurance details and say to go through your insurance. HR can’t expect anything different from that, and nor can your colleague.

Solmum1964 · 28/03/2023 13:08

Scarlettpixie · 28/03/2023 13:02

I also though that social/domestic use covered travel to and from work.

It's been an option on insurance for quite a few years. I definitely add it for my son's insurance when I'm getting quotes.

nomoremerlot · 28/03/2023 13:09

Hand it all over to the insurance companies, what will be will be.

It's his own fault!

hay5689 · 28/03/2023 13:09

HeyDemonsItsYaGirl · 28/03/2023 13:01

Are you in the UK? I've never heard of a policy not covering commuting. It's business use (which doesn't include commuting) that you often need to add separately.

Anyway assuming this is a weird policy and he was uninsured, that's all on him. You don't pay.

It's common for you to have the option of social, domestic and pleasure or the previous three plus commuting. I know a colleague who was caught out because she went for the cheaper option of no commuting but then told them she'd been in an accident on the way home from work.

Naddd · 28/03/2023 13:10

HeyDemonsItsYaGirl · 28/03/2023 13:01

Are you in the UK? I've never heard of a policy not covering commuting. It's business use (which doesn't include commuting) that you often need to add separately.

Anyway assuming this is a weird policy and he was uninsured, that's all on him. You don't pay.

Really? All the ones I've had you have a choice to include commuting.

BennyBlancofromtheBronx · 28/03/2023 13:11

Commuting is an optional add-on for loads of policies. Don't assume it is included or you could end up with a repudiated claim.

As for the colleague, his policy would probably be voided due to the modifications. And that's his problem, not the OP's. OP has insurance that he could go through if he wasn't a fraudulent knobhead.

Theunamedcat · 28/03/2023 13:12

What modifications? They usually don't add value to the car

Oysterbabe · 28/03/2023 13:13

Do not pag a penny. He can make a claim against your insurance or not, it's up to him.

Oysterbabe · 28/03/2023 13:13

*pay

Nucon · 28/03/2023 13:13

Just so people don't end up with the same problem, this is Admiral's definition of the policy types. I think most are the same

Social Domestic and Pleasure
The class of use described as Social, Domestic and Pleasure covers the drivers named on the policy for normal day to day driving. Shopping, visiting friends or family and pleasure driving such as going to the park or on holiday.
For Admiral, this doesn't include commuting to work, but some insurers only offer a combined class of use called Social, Domestic, Pleasure and Commuting. It’s best to check when you’re getting a quote to be sure of the cover you’re getting.
Commuting
Commuting is the next class up, and covers everything included in Social, Domestic and Pleasure, plus driving to and from one place of work in a day. Driving your car to the train station and leaving it there while you go to work counts as commuting for some insurers.

Kazzyhoward · 28/03/2023 13:14

The other party can claim directly against your insurance as it's your fault.

Beyond a simple notification to his own insurance company, he has no need nor reason to claim via his insurance company.

Your insurance company will then be responsible for evaluating the damage and deciding whether to write it off and pay him the value or to have it repaired at their approved repair shop.

Whatever you do, don't pay for his repairs via his repair shop yourself. That's what insurance is for. The fact he may or may not have been properly insurance is a red herring here as he can claim directly against your insurance company, not his.

Gazelda · 28/03/2023 13:15

I'm astonished that HR have got involved. Does the company's business insurance cover them for advising you or your colleague on insurance matters?