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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

piedbeauty · 28/03/2023 13:40

I've changed my mind. Since the accident was your fault, your insurance should pay for his repairs. You should tell your insurance company everything, so they have all the info and can make a judgement. Is the kind of insurance he has even relevant? He's not making a claim on it; he is the victim here.

ChocSaltyBalls · 28/03/2023 13:40

you should just have passed the whole thing to your insurance in the first place and not got any further involved. Do that now if you can.

ImAGoodPerson · 28/03/2023 13:42

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!

He doesn't have commuting covered and had clearly driven to work, he doesn't want to claim due to that and due to modifications he hasn't declared. The OP is happy to claim via her insurance and he doesn't want to as he is concerned he will get into trouble.

PuddlesPityParty · 28/03/2023 13:43

I would just tell your insurance and let them sort it out. You’ll have done nothing wrong OP.

pussycatinfluffyslippers · 28/03/2023 13:43

YABU to do anything other than put it through your insurance.
You need to tell them that he "upgraded" his insurance after the accident to include commuting, and that he has modified his vehicle.
Do not give him cash to fix his uninsured vehicle.

WeBuiltThisBuffetOnSausageRoll · 28/03/2023 13:44

I'd also never heard of policies excluding commuting to and from a single place of work with social, domestic and pleasure. Unless you don't use a vehicle (or that vehicle) to get to and from work, it seems an absurd thing to choose to exclude from the cover level you choose.

Does it even cost much more? I'd have thought that insurance companies would prefer a car that's driven to work and then sits safely in a car park for eight hours to one that's potentially moving at speed for all of that time. I know that some third party, fire and theft policies can actually cost more than comprehensive ones, because the statistics show them to be a more costly risk overall - maybe somebody with an old banger worth £300 might drive with less care than somebody with a new £50,000 car, I don't know?

ImAGoodPerson · 28/03/2023 13:46

I must say I thought the basic policies covered social, domestic pleasure and commuting to a single place of work, its business miles that need adding. I have always checked this on my policies.

Something definitely doesn't add up does it.

Snowontheblow · 28/03/2023 13:47

So he has a damaged camper (probably his pride and joy) and you aren't going to agree to fix it? How is that fair?
You can't exactly go back and tell your insurance company that you hit him, since you've lied already.
I can't believe your plan is to give him nothing when the damage was entirely your fault!

Azandme · 28/03/2023 13:48

He wants you to pay out of your own pocket, because he doesn't have insurance? Um no! This is literally why you have insurance, so that in the event you need to pay for damages it comes from said insurance!

Whether or not HE is insured, is not your problem. If he wants his car paid for it goes via the insurance you bought FOR this reason!

Ask HR on what basis they are involved.

Iamclearlyamug · 28/03/2023 13:48

When I insured my new car I was offered 3 types of insurance:

SDP (social, domestic and pleasure)
SDPC (social, domestic, pleasure and commuting)
Or business (which included all of the above)

So it is very possible he's not covered. DO NOT PAY out of your own pocket OP. If he just has SDP cover and hasn't declared modifications to his insurance company that is absolutely not your problem!

akkakk · 28/03/2023 13:49

kirinm · 28/03/2023 13:31

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

Show quote history

nothing at all - but it is not unknown for the an insurance company to refuse to pay out due to modifications - and in this example that would affect the other person, not OP hence my comment - 'his issue, not yours' ;)

Azandme · 28/03/2023 13:51

Snowontheblow · 28/03/2023 13:47

She was planning for her insurance to cover all his losses (the literal point of insurance), he declined that. To assume she has the cash available is wrong.

He either takes it from the insurance or doesn't get it. It was his choice. The OP was stupid to agree, but this guy is also utterly stupid. What's he going to do? Take her to court and say he refused to go through insurance?

ttcat37 · 28/03/2023 13:52

YANBU here. This is the whole point of insurance. You had an accident, you’re insured, but it sounds like actually he isn’t. Not your problem. Do not borrow the money, do not pay out your pocket. This is what insurance is for. He knew the risk of not declaring modifications and clearly knew he wasn’t insured either! (By not having commuting on his insurance).
Think of it this way- if he’d have hit you, he wouldn’t have been covered for your damages.

LaughingSomnambulist · 28/03/2023 13:52

For goodness sake, tell your insurance what happened and give them his car’s details and let them sort it out.

Why have you pissed about doing anything differently? His car is his responsibility. If he has been during uninsured and using mods which are uninsured then that is his fault. We have insurance and rules for a reason. He chose to break them, so your insurance can cover the damage but he will have to deal with any other consequences of not being a responsible adult.

baileys6904 · 28/03/2023 13:52

Absolutely go through the insurance. It protects you from all this, and let's the company deal with all the shit. That way, if things don't go this guys way, you can just bat it back as nothing to do with you, it's the insurance

MrsPinkCock · 28/03/2023 13:52

I’ve always had to add commuting and/or business use to my car insurance policies as appropriate, I’m really surprised this isn’t common knowledge! Weirdly sometimes adding commuting and business use has actually brought my insurance cost down…

Anyway - I’m gobsmacked that HR felt the need to get involved. Did you not tell them that him driving without adequate insurance is his problem, not yours, and that it’s his own stupid fault if he doesn’t get a payout on his uninsured vehicle?!

Dotjones · 28/03/2023 13:55

Aside from the obvious point that anything that "could" lead to a claim usually needs to be declared to your insurer even if it doesn't actually lead to one, why does he need to claim on his insurance at all? You're to blame for the accident, you're insured, he needs to claim against your insurance not his.

skyeisthelimit · 28/03/2023 13:57

It's not your fault that he did not have the correct insurance. He should have included commuting and didn't. It is made quite clear when you get a quote what you are covered for. I have to have SDC and Business use due to travelling to various client sites.

He underinsured it deliberately to save money and that has now backfired on him. Modifications add on extra insurance as it can make it more stealable.

Yes, you hit his vehicle, but you should have claimed it off your insurance and whatever happens to him is not your problem.

It is not a matter for HR.

If you are able to change your insurance claim then I would advise the employee that the only way that it can be done is via insurance. Whatever happens beyond that is nothing to do with you.

Yes you hit him and caused the damage, but HE was under insured, HIS problem.

cestlavielife · 28/03/2023 13:57

How did you explain the damagexwithout giving his details number plate?

To protect him, I’ve submitted my claim but not involved my colleague.
So you omitted to say another vehicke was damaged?
That was daft
And now potentially problematic

But
Not your issue to pay out
Just tell him to claim on his insurance giving your details.
His insurer will get the money from yours

Crumpleton · 28/03/2023 13:58

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.

I think what he's done wrong is answer no to his insurance company when questioned whether he uses the vehicle for commuting to work, also that no modifications have been done to the vehicle when they have, which in itself is an offence and will void his insurance.

Ktime · 28/03/2023 13:59

This is what insurance is for. Do not pay him out of your own pocket, that would be madness.

Ktime · 28/03/2023 14:00

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.

He's doing plenty wrong. Why are you not getting this?

Chickenly · 28/03/2023 14:01

PuddlesPityParty · 28/03/2023 13:43

I would just tell your insurance and let them sort it out. You’ll have done nothing wrong OP.

Nothing except hit someone’s vehicle and then lie to her insurance about it.

cestlavielife · 28/03/2023 14:01

If you are hit you claim via your insurer
I just did that for rear bump
My insurer arranged everything and claimed back from theirs

He claims via his insurance which will talk to hers
His issue to go via his insurer
if he chooses to pay put himself he can
If he wants op to pay op is insured to pay out but he goes via his insurer

Shz · 28/03/2023 14:04

Go through the correct and honest insurance protocol- lying will only come back to haunt you and could end up with them not paying out. His insurance is his issue, not yours - he is the one to blame for having insufficient insurance for his own car and for not disclosing to the insurer.

As for HR being involved - contact ACAS for advice but I suspect they are overstepping.

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