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.

The laws apparently differ from your location compared to the US. The basic policies involve coverage for driving your vehicle (work, pleasure, etc.) What's important is that you fulfilled your obligation, PAID for the various coverage areas required; the employee didn't. What's the purpose of having insurance? To cover damages done to other drivers' vehicles. You have already paid (via insurance premiums). What is said employee hiding? The modifications that would affect his coverage? The modifications being illegal? Showing an accident on his record? I'm not sure what the laws are in your country but here we have the right to choose a repair shop although the insurance company might make suggestions. A non-preferred shop will have to submit an estimate. Anything you pay out-of-pocket can be considered ONLY if there is a difference in repair costs vs your insurance carrier payment. Said employee should be content with having the damages covered, not demand who makes them. You have insurance exactly for that reason. If he has a problem with it, it's of his own making, not yours. You have been responsible in all areas subsequent to the accident.

I think the information given to the insurance is an issue, with you causing the damage you are responsible to repair it, he could go to small claims court and recoup the money, it’s all really strange, did the OP update on what they have done? I can’t see any recent response

You are being completely unreasonable. Because you caused the accident, your insurance is liable for the damage to both cars. His insurance company, even if he had one, would not make these payments. If the insurance company did make the payments, they would then file a lawsuit against you and your insurance company for complete reimbursement. You would then incurred legal costs in addition to the damage to the property.

The fact that he is uninsured may be a problem for him legally, it is not a problem for him under the circumstances of this situation.

If I were that employee, I would file a lawsuit directly against you and your insurance company as soon as possible.

Are you in the US Attnynim because we don’t file lawsuits for insurance claims here.

The OP wanted to put everything through on insurance. The other person asked them not to.

She was perfectly happy to put it through her insurance. The person she crashed into didn't want her to do that and wants her to pay personally.

@Moser85 Her vehicle insurance is now invalid, either way, & she is driving uninsured because she has falsified an accident claim which in her T’s & C’s will have invalidated her insurance.
It will be cancelled once she has to come clean about the whole incident to cover the damage to the vehicle she hit that they have insured.
I don’t see why she lied in the 1st place. It is her that was at fault & the other vehicles modifications not being on their insurance so not covered is their issue not hers.
She is now going to be the one who ends up with an insurance black mark against her name.

Honestly why some people think others mistakes or neglectful actions are their problem to solve is beyond me.

The vehicle she hit isn’t uninsured it is just that some of the modifications they have added to the vehicle haven’t been added to the policy meaning those modifications aren’t going to be covered by their insurance.
Between them they have made the whole situation WAAAAAY more complicated than it needed to be, she has committed fraud by putting in a falsified claim & now their works HR is involved.
All she needed to do was put a fault claim in on her own insurance & the other vehicle owner just had to hope her insurance covered the modifications to his car. Him not updating his policy is not the ladies fault & if those mods aren’t covered by the insurance that is on him not her.

Yes. I did say that she might have to go back to her insurance and there could be serious consequences.

However, if he had a driving ban or no insurance at all as suggested earlier then he might not try to make her come clean.

Her insurance would still have to pay for the damage to his car even if he was uninsured but he could also be fined, arrested or have his car seized and destroyed.

...he could also be fined, arrested or have his car seized and destroyed.

No he couldn't.

https://www.swinton.co.uk/car-insurance/guides/guide-to-uninsured-drivers#:~:text=If%20you're%20at%20fault,-If%20you%20cause&text=If%20you%20only%20have%20third,found%20not%20to%20have%20insurance.

He wasn't driving it, for fuck's sake!

Why so angry 😂

So what if he wasn't driving it, it still should be insured if it's parked in his driveway, in this case it was parked at his job.

Maybe he could get away with it being destroyed or getting arrested because of a loophole and make out he had just towed his uninsured car to his job and left it there😂but if he had previous history of stuff like that maybe he wouldn't get away with it.

@Moser85 the whole thread is full of clueless people with their 'advice.

If the vehicle wasn't insured at all, the registered keeper may receive an IAL from the DVLA telling them to get it insured. That's as far as it goes unless the keeper ignores the letters. If it is insured but with potentially undeclared modifications then even that doesn't apply as CIE regulations do not consider anything other than there being a 3rd party policy in place for the registration plate.

It was/is parked off the road so the police have zero interest in that yet you're talking about them going all Sherlock Holmes about how the vehicle got there and then prosecuting OP's colleague as they must have driven it. The police would not give a shiny shit, and nor should they, because absolutely anyone could have driven it there.

You're making up circumstances that don't even exist, given OP's posts.

@SofiaSoFar

Maybe he had it marked off the road. There are potential legal consequences, perhaps they don't apply because he wasn't actually caught driving it or he wasn't caught when he parked it there, however this man was obviously worried about something.

I don't think I'm making up circumstances that don't exist. I'm saying it's a possibility because the mans version of events don't make any sense to me.

He didn't claim off the insurance which suggests he has something to hide, and I don't believe it was that all he was worried about was that his car wasn't insured to be driven to work.