My fault but should I pay for the damage?

[CountryGirl17]

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.

How many of us have just gone and checked our car insurance policies after reading this thread? 😂

Oh dear! I hope you are okay. Going through the insurance company is the right thing but be completely honest with them as they can refuse to pay out, send you the bill or later start court proceedings if you have not told the truth. It isn't worth it. Your colleague will be annoyed but also sounds like he is hiding something. As others have said you have offered to sort through insurance do not start writing cheques it will get messy. As for your HR department encouraging it.. that is appalling advice and do not be swayed. If you need more support contact citizens advice but remember anything in haste repent at leisure!!!! Good luck op.

Am I the only one wondering how fast OP was driving or how expensive their car is, to cause £1500 of damage to her own car from hitting a stationary vehicle?

Many years ago I worked in motor claims and the one piece of advice I’d always give anyone is never piss around trying to sort things with third parties yourself. Always just pass it to your insurer and let them deal with it.

My car insurance covers social, domestic and pleasure, commuting and business use. I’m always very cautious about making sure I have the right insurance .

Wouldn't take much if she's in an expensive car and she's scraped every panel down the side of her car for instance.

Don't pay.
Ring you insure and tell them all what happened.
Tell your employer it is an insurance issue.
And the other person can claim from your insurers.

Or crushed her back end..... I don't think people realise how expensive cosmetic jobs are.

This is bizarre. Why would HR be involved let alone offer to loan you the money?

The option of going through insurance is still open to colleague. Suggest they take it and discuss no further

SDP coverage is absolutely a thing. In fact, many insurance companies use you clicking the SDP option and not especially checking that you can commute too as a get out of paying loophole.
A friends son was pulled over once and the police (policeman known by all the locals to target and even harass young male drivers in the village) seized his car because he happened to mention he was on his way to work and wasn't some boy racer prick who the policeman must have issues with.

OP, your colleague lying to their insurer took that gamble. And lost. That is what happens when you take risks for lower premiums. Do everything by the book and do not pay a penny out of pocket besides your excess and your increased premiums when you renew.

bloody hell how many times are posters going to come on and say commuting isnt an added option when loads of us says it is

@Redebs he isn't uninsured! He isn't anything at all since he hasn't claimed against his insurance company.

He may or may not have had cover declined but he doesn't know that - or it didn't sound like he did.

I’ve known it in the UK. It’s usually negligible cost but I’ve definitely had to add it on before.

But agree, it’s his choice to not go through insurance.

This is a really weird situation. It's dumb to lie to your insurance

So if I drive into your car in a supermarket car park I can drive off with impunity. Good to know.

Absolutely. You can play demolition derby to your hearts content 😂

I seem to recall for the purposes of the road traffic act Supermarket Car parks, whilst privately owned, are still bound by the law because they are freely accessed from the highway by the public. This is why you can still be prosecuted for drink driving etc on land accessible to the public.

If the work car park is also freely accessible, and I assume by the fact the OP and the guy she hit drove in there that it is, then that’s not going to wash.

I’m not sure anyone here understands insurance.

The other car owner absolutely doesn’t have to contact any insurance company at all. He simply asks the OP to make him whole (as he did), and if she refuses he issues proceedings against her in the small claims court.

If she wishes to be indemnified by her insurer (which is what she’s paying premiums for) the tells her own insurer who will defend her, and pay the damages if she loses.

Alternatively her insurer will examine the facts and concede the claim, and pay it, if (as in this case) it’s clearly her fault and a court battle will cost them money.

if she doesn’t turn the case over to her own insurer to settle then they can (and will) refuse to cover her losses making the other party whole because she’s not complying with the the terms of her policy. When she loses in court, the other party can also claim the judgement from her insurer who can then reclaim the payout back from her.

allowing two insurers to settle between themselves is merely a courtesy to avoid extra costs.

If he wishes to, he can conduct all correspondence through her insurer (and she may invite him to do so - it will certainly make her life easier) but he’s absolutely not obliged to: she’s at fault and he needs to communicate with nobody but her, if he so chooses.

what his own insurer (should he have one) demands of him in respect of notifying them of this accident is irrelevant to the OP.

You should never admit liability after an accident; it prejudices your insurer’s options to defend your claim (that they will have to pay) if they wish to, and can put you outside the terms of your policy.

On the question of modifications: that’s irrelevant too. Given the damage is entirely the OP’s fault, she (or her insurer) has to make the injured party whole, either by paying for repairs or else by “buying” the damaged car at its fair value. Of course it’s up to him to establish the price of repairing things to the status quote ante, or to provide evidence of the value, but that shouldn’t be hard.

But he won't do this...will he? ! This ks what he's frightened of!

If he tells his insurance to action it... They'll ask where the car was hit... "In the work car park", won't run, as he's not insured for commuting!

He will incriminate himself!

You’re correct about the road traffic act and car parks the exception being gated or those with a barrier that you have a permit or pass to enter/use. So for example our local hospital car park has areas for staff that have barriers and there are no barriers in the areas where patients park. So the police wouldn’t investigate a bump in the staff area but would the patients section of the car park.

To be frank, the whole situation could have been avoided if you had been honest with your insurance company… it’s not your problem whether or not he declared modifications to his vehicle. You need to get this sorted out immediately.
Phone your insurance company, apologise profusely and tell them you were trying to do him a favour as he didn’t want to go through his insurance, but it’s not sitting well with you and you need to disclose the whole situation. You won’t be the first person to do this, and while they may be a bit cross, it’s better to tell them now. They could demand repayment if they later find out you haven’t been truthful.
As for the other driver, it’s down to him if he tells his insurance company but you’ve done your it.

And why the hell are HR getting involved?! If it’s mentioned again tell them it is none of their business, not work related and you don’t wish to discuss it any further.

What @Nookable said

You are doing the right thing. Reiterate to HR it's to go through insurers. Not your fault he's paid out. You are not to pay!

Okay ms misogynist.

Well it is what I said. Sorry if you read it in a different way 🤷‍♀️ I said “you’ll have done nothing wrong” aka “you will have done nothing wrong” if she tells her insurance. Future tense. I didn’t mention anything to do with the original incident.

Maybe I shouldn’t have carried it on, but it’s hardly being invested taking 2 seconds to write a reply 😜

Ridiculous insults don’t make you right either.

Before painting, the front bumper of my old car was £900, the grill inserts were £700.