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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:
Comefromaway · 28/03/2023 13:17

You need to tell your insurer exactly what happened. You should not pay out yourself.

PortmeirionTiles · 28/03/2023 13:18

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.

This. Everything must go through insurance, and you hitting an uninsured driver is not the issue here (the problems start when an uninsured driver hits YOU).

Considering he is presumably not at all at fault, his own policy isn’t really relevant.

Again, everything goes through insurance! It’s nothing to do with HR. You hit his car with yours, not his face with your fists.

Nookable · 28/03/2023 13:20

I work in car insurance. When you say you've not told the whole truth to your insurer what do you mean? If you just haven't given them his reg or contact details then it's no big deal. If you've lied about the circs like for example said that you hit a wall or something like that then that would likely create problems.

Whilst he's broken the class of use by commuting the chances of them cancelling the policy or repudiating the claim are really slim. Usually there's just a charge for it which would equal the additional premium he should have been paying. The modifications it does depend on what they are, there are some that would result in a policy cancellation.

Regardless it doesn't matter as you've admitted fault. Even an uninsured driver can submit a claim to an insurer of a vehicle that hits them. He needs to claim through your insurance, he may disagree with their valuation but to be blunt that's not your problem, you've reported to your insurers and that's your obligation. The insurers can deal with it

Provided you haven't outright lied to your insurers I'd just email him again with HR cc'd in and reiterate that you've reported to your insurers, provide their details again and advise he needs to contact them.

user1477249785 · 28/03/2023 13:21

I agree that there is no way you should pay out. But you also should engage in anything other than being 100% truthful with your insurance to cover for his error. Yes you hit him. This is why we have insurance. That he didn't is on him not you. Don't become complicit in that by lying to your insurance.

kirinm · 28/03/2023 13:22

Am I missing something. You've hit and damaged his car. It isn't an uninsured vehicle, it doesn't cover the damage caused that's all.

He's not liable for the damage. You are.

Apologises if I'm missing something crucial.

PortmeirionTiles · 28/03/2023 13:23

Nice post @Nookable .

I’m so confused about HR’s willingness to get involved in this. And offering to lend you money? Are they totally incompetent or is there more going on here than meets the eye? (Or both.)

AmandaHoldensLips · 28/03/2023 13:23

Sod that. His insurance is not your responsibility. You go through insurance like a normal person.

MajorCarolDanvers · 28/03/2023 13:24

He is not uninsured. He just doesn't have a fully comprehensive policy. However it doesn't matter because it is your insurance that the claim needs to go through.

PortmeirionTiles · 28/03/2023 13:24

kirinm · 28/03/2023 13:22

Am I missing something. You've hit and damaged his car. It isn't an uninsured vehicle, it doesn't cover the damage caused that's all.

He's not liable for the damage. You are.

Apologises if I'm missing something crucial.

What you might have missed is that the colleague doesn’t want OP to claim on her insurance, but instead to pay for the damage out of her own pocket!

PhillySub · 28/03/2023 13:24

You appear to be doing a lot of wheeling and dealing to keep the other driver happy and out of trouble. Stop messing about, if what he said was true then he has been on the road illegally, that is not your problem and not your responsibility. Tell him that you can only deal through your insurance because you don't have the money to pay privately.

Aquamarine1029 · 28/03/2023 13:27

So what did you claim to hit that caused the damage to your car? I really hope you didn't lie to your insurer. That would be a very stupid thing to do. The fact your dodgy colleague doesn't have proper insurance is his problem, don't make it yours. I would also be telling HR to keep their nose out.

kirinm · 28/03/2023 13:29

@PortmeirionTiles I did miss that! That's definitely a bit weird since the guy didn't do anything wrong.

akkakk · 28/03/2023 13:29

you claim on insurance
your employee learns a good life lesson

if he has not declared modifications - then the insurance might not pay out - his issue, not yours...

kirinm · 28/03/2023 13:30

The other guy does not have 'dodgy' insurance! He's just not covered for certain things. That's perfectly normal and doesn't mean he's done anything wrong!

kirinm · 28/03/2023 13:31

akkakk · 28/03/2023 13:29

you claim on insurance
your employee learns a good life lesson

if he has not declared modifications - then the insurance might not pay out - his issue, not yours...

What have modifications got to do with the OPs insurance company?

EmmaGrundyForPM · 28/03/2023 13:32

I would tell HR to butt out, nothing to do with them.

If you've lied to your insurance company then you've got a problem. If he wants his car repaired, your insurance will cover it. That's what we have insurance for.

Nailsandthesea · 28/03/2023 13:33

nomoremerlot · 28/03/2023 13:09

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

It's his own fault!

This don’t get involved

tell your insurance the full facts and let them deal with it

eg on this date I did this
the reg was this x
but he told me just to cover my own car
since then he had told me he did not have the correct insurance, has modified the details etc

I’m worried about fraud etc please can you just deal with his insurance

Nailsandthesea · 28/03/2023 13:35

As you’ve hit a stationary vehicle you are at fault but your insurance might choose to cover you and not him - exactly as it should be

Overthebow · 28/03/2023 13:35

No don't pay for it yourself, tell him you'll go through insurance or nothing.

PortmeirionTiles · 28/03/2023 13:36

Nailsandthesea · 28/03/2023 13:35

As you’ve hit a stationary vehicle you are at fault but your insurance might choose to cover you and not him - exactly as it should be

What do you mean? If she’s at fault and has third party property insurance, then they are
contracted to pay for the damage to his vehicle too.

WeBuiltThisBuffetOnSausageRoll · 28/03/2023 13:36

It sounds very fishy to me, how he's acting. I wonder if he doesn't have insurance at all and he's been lying in stages, to try to make it less blatantly obvious.

It's your fault, so you should pay. As is the standard (legal) way, this means that you pay upfront, in advance, by way of an insurance policy and then your insurance company settle the appropriate amount of any/all claims throughout the year.

If he has categorically rejected your paying up to make good his damage - via your insurance company - then it's on him: he can't dictate how you pay for the damage (effectively insisting that you pay twice), as long as it's paid in an appropriate way.

As well as non-under insurance, these modifications are surely not ones that increase the value but more than likely invalidate any insurance that he does have or otherwise make the vehicle illegal/not roadworthy. I suppose it may be that his van is very old with no real market value, but is worth more to him, as he knows its foibles and history e.g. a 25yo van that you bought at 5yo and have owned for 20 more years is worth a lot more to you than a 25yo van bought from a stranger - but unfortunately, that's always a risk in using an old vehicle in public.

It's a shame that you didn't telly our insurer the whole truth - albeit in an attempt to help him - but I agree that you need to go back and give them the missing information and leave it to them.

piedbeauty · 28/03/2023 13:37

If he really only has social and domestic/pleasure insurance instead of commuting, and he drives to work every day, then he's a complete idiot. Ayou should not pay. And HR should not be getting involved! It's none of their bsuiness. But he needs to check his insurance policy, as some may include driving to work in 'social and domestic'.

WeBuiltThisBuffetOnSausageRoll · 28/03/2023 13:38

As well as non-under insurance

Should have said non/under insurance.

Crumpleton · 28/03/2023 13:39

Absolutely do not pay.

I've just shopped around as my car insurance went up by £80 which was a big jump for me.
If we could all afford to stump up 1000s of pounds we wouldn't bother with insurance, but you did.
Your colleague didn't tell the truth on their forms that's not really your fault.
I'm surprised your company are offing you the money to pay for his damage but are happy knowing he has lied to the insurance company.

PuddlesPityParty · 28/03/2023 13:40

He can cry about it all he wants - he should’ve insured his car correctly! Jesus wept. He needs to take some personal responsibility.