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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:
MyPurpleHeart · 28/03/2023 15:08

This just got worse and worse as it went on. His lack of accurate insurance is not your problem. I'd tell him you go through insurance or nothing at all. This is an expensive lesson for him to learn about not telling lies to your insurance company for cheaper cover.

The quote from his chosen garage that HR are pressing you to pay sounds dodgy to me. I wouldn't be paying that. The reason we have insurance is because its in their best interests to fully investigate everything they pay and they are very good at making sure its all legit and above board.

WombatChocolate · 28/03/2023 15:10

I guess his insurer won’t be terribly interested if they aren’t being asked to payout.

It would be different if colleague had been hit by an unknown driver who drove away, whilst he was in the work car park. Then HE might have claimed against his own insurance, and the insurers would have looked and seen he didn’t have commuting insurance and perhaps quibbled. Others in insurance have said though that they probably would pay out.

The key though is it’s not his insurance who will be asked to pay out.

I guess the colleague is feeling infuriated as he feels OP hasn’t paid, her insurance hasn’t paid and he feels he can’t go to his own insurance and name OP if she’s already claimed and not mentioned him (although that’s actually what he should do) or possibly incorrectly thinks he can’t say an unknown driver caused the accident and expect a payout.I can see why he’s aggrieved. Someone damaged his car and he feels he’s being left with the bill. He is muddling it with the issue of his own insurance. He doesn’t need tout this thread shows the level of confusion about what the genuine issues are in this case.

Male101 · 28/03/2023 15:11

I dont know why anyone wouldnt include commuting on their policy even if it's a extremely small chance on needing it to get to work .

I was looking at getting a 2nd car last week and I looked to see the difference and it was £3/£4 a year.

Qhaecciarr · 28/03/2023 15:12

None of this makes sense - you hit him and you admit you were at fault, so surely the both of you go through your insurance. His insurance is irrelevant.

EvelynKatie · 28/03/2023 15:13

He's at risk of invalidating his policy now if he doesn't tell his own insurer about the accident.

Rebel2 · 28/03/2023 15:14

Rosula · 28/03/2023 14:18

There doesn't seem much point commenting till this mysterious no-commuter insurance is dealt with. I've never been asked on an insurance form whether I use my car to commute to work, and have always understood that it was fine to do so.

I've literally just renewed my insurance this week and there were options for (this was with more than, via go compare)

Social and pleasure
The above plus commuting to a single place of work
The above plus business

I've added commuting even though I WFH as about once a year I go to the office and it would be my luck I crash!

sayanythingelse · 28/03/2023 15:15

What I'm most shocked about is the amount of people who don't know that you need SDP&C on your insurance to drive to work. Even if you drive to work once a year, you need SDP&C!

SofiaSoFar · 28/03/2023 15:18

@WombatChocolate

However, as SHE didn’t declare it, presumably HE needs to claim against her insurance. Does he need to do this via his insurance, or is he able to do it outside of his insurance?

He's able to claim by going directly to OP's insurer, with or without her knowledge and with or without telling his insurer. He can got to askMID and pay a small fee to get the details of her insurer and contact them himself.

OP's insurer won't then contact his insurer, they will deal with it all themselves. It's in their interests to not involve the other insurer at all as that's often when they end up paying more out.

Some people seem to be bringing up the fact he needs to tell his insurer about the claim and that's why he isn't doing it, but whether he should tell his insurer he's had a claim is irrelevant to the fact he can claim on OP's insurance without his own insurer knowing.

Sweetpeasaremadeforbees · 28/03/2023 15:19

I didn't know that you need SDP and C on your insurance to drive to work. I WFH pretty much all the time but does it mean I need it if I'm doing a one off drive (for e.g. driving to a show to help out at a stall)?

WombatChocolate · 28/03/2023 15:21

It shows how little we all understand insurance and insurance claims.

The policy that is relevant in this claim is OPs. SHE caused the accident. It is her insurance that should be claimed on because the colleague knows who caused the accident. You only claim on your own if you cause an accident or if an unknown damages your car.

The colleague would have come unstuck if HE had caused the accident in the work car park or if an unknown person caused it and drove off. But this didn’t happen.

I agree OP should return to her insurer. She should say that she would like to add a 3rd party to the claim. She should say that initially she didn’t do so as she’d considered sorting it privately, but realises it’s not a good idea. Then tell the full story. Give his details. Leave it at that. If she isn’t prepared to do that, really she needs to pay him direct for the damage.

Male101 · 28/03/2023 15:21

Also not 100% sure him only having SDP is an issue. As he will be claiming off op not his own.

He might be asked to pay the differance in premiums and a admin fee .

What I'm most shocked about is the amount of people who don't know that you need SDP&C on your insurance to drive to work.

Also makes you wonder how many people dont declare a claim when they have a windscreen replaced on their insurance

WalkingOnTheCracks · 28/03/2023 15:22

You pay for insurance so that you don't have to deal with this kind of to and fro. The accident may have been your fault - but nothing else is.

Tell the truth (because the alternative is to avoid telling the truth) and let the insurance companies sort it out.

PuddlesPityParty · 28/03/2023 15:24

Chickenly · 28/03/2023 14:01

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

Show quote history

That’s why I said you’ll have done nothing wrong if she tells her insurance like my comment said 👍 feel smug and clever now?

PuddlesPityParty · 28/03/2023 15:25

Sweetpeasaremadeforbees · 28/03/2023 15:19

I didn't know that you need SDP and C on your insurance to drive to work. I WFH pretty much all the time but does it mean I need it if I'm doing a one off drive (for e.g. driving to a show to help out at a stall)?

Yep it’s a commute. Travel to and from work.

I have a remote contract but we often do team days / away days etc so I have it in case I drive to these.

WombatChocolate · 28/03/2023 15:25

SofiaSoFar · 28/03/2023 15:18

@WombatChocolate

However, as SHE didn’t declare it, presumably HE needs to claim against her insurance. Does he need to do this via his insurance, or is he able to do it outside of his insurance?

He's able to claim by going directly to OP's insurer, with or without her knowledge and with or without telling his insurer. He can got to askMID and pay a small fee to get the details of her insurer and contact them himself.

OP's insurer won't then contact his insurer, they will deal with it all themselves. It's in their interests to not involve the other insurer at all as that's often when they end up paying more out.

Some people seem to be bringing up the fact he needs to tell his insurer about the claim and that's why he isn't doing it, but whether he should tell his insurer he's had a claim is irrelevant to the fact he can claim on OP's insurance without his own insurer knowing.

Luckily we have Sofia who knows what she’s talking about.

It’s a shame the colleague probably isn’t reading this.

OP could do one of 2 things now - either what I suggested above - this will probably result in his insurer knowing what’s happened…but that’s not a problem. OR she can tell the colleague to do what Sofia says above. He can go direct to her insurer and not involve his own. OP’s insurer will certainly come back to her if the latter approach is used, as they will want to confirm she did this….and ask why she didn’t mention it. So the first option is probably better.

The wrong thing for OP to do is to not tell insurance, or to not pay out of own money. She caused the accident.

This can still get sorted.

SofiaSoFar · 28/03/2023 15:26

Sweetpeasaremadeforbees · 28/03/2023 15:19

I didn't know that you need SDP and C on your insurance to drive to work. I WFH pretty much all the time but does it mean I need it if I'm doing a one off drive (for e.g. driving to a show to help out at a stall)?

You need Class 1 business insurance for that, not commuting insurance.

If you carry anything in your car related to the business, other than your personal work laptop, etc. - so products, equipment, anything like that, you need more than Class 1 business insurance.

It doesn't matter how many times a year you do it, either. If it's once, you still need it.

This is very important so I'd get it sorted asap!

MarchMadness23 · 28/03/2023 15:27

Process it all through insurance. It's not your fault he's modified his car & fucked up his insurance.

if the company thinks it should be paid orivately to stop him suffering the consequences of his chouces, tell them they can pay for it!

why should you pay for his (stupid) choices?

yes, you hit him, but that's why you have insurance!!

(how did you hit him?)

Redebs · 28/03/2023 15:28

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!

If he's driving to work without a commuting addition on his insurance. Then he might be uninsured, which is illegal

JudgeRudy · 28/03/2023 15:35

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.

Sounds like he wasnt insured properly. You don't need separate insurance to commute to work, anymore than to the gym or Tescos. You do need business insurance if driving between venues during your shift is part of your duties. He's your employee. Does he use his van 'for' (not) getting to work.
Have you lied to the insurers or just not told the whole truth? If you say you bumped into a van but gave no details it's odd they didn't ask more. If you said the driver wasn't bothered as it was insignificant damage...maybe. lf you said you bumped into a car but didn't get details you might be safe....
It's his responsibility to ensure he's adequately insured. Did you see his policy? Could it be it's actually insured under someone else's (Dad?) name? Let's say for example his Dad had driven to your place of work to drop off his mobile/sandwhiches/wallet....and parked. Yd hit him, you asked around and no-one knew who's van it was....then when you returned to car it was gone...You've since found out who the owner is.
Has he actually had the work done?
BTW, no idea why HR are getting involved. Do not answer any questions or give further information. Ask for all correspondence to be emailed (personal email). Save all messages inc screen shots.
Do not pay. Remind HR of their duties under GDPR and let it be known that you are looking into their policy on harassment or bullying. If at any stage he's referred to your gender eg Bloody useless women drivers etc flag that too. He had his chance. He blew it.

WombatChocolate · 28/03/2023 15:35

Redebs · 28/03/2023 15:28

If he's driving to work without a commuting addition on his insurance. Then he might be uninsured, which is illegal

Show quote history

It won’t mean OPs insurance won’t pay out for the accident SHE caused him. His insurance will be irrelevant to the claim via her insurance.

QOD · 28/03/2023 15:36

@HeyDemonsItsYaGirl it absolutely is either social domestic and pleasure OR social domestic and pleasure plus commuting (to one place of work)

Business if if you went to varied places for or about work

I wfh so just have sdp

Crumpleton · 28/03/2023 15:37

OP's insurer won't then contact his insurer, they will deal with it all themselves. It's in their interests to not involve the other insurer at all as that's often when they end up paying more out.

@SofiaSoFar ...picking g yoyr brains here.

Could this be open to abuse, as in someone can send in my number plate saying I'd caused damage to their car when infact its a lie?

Crumpleton · 28/03/2023 15:38

picking your brains

BennyBlancofromtheBronx · 28/03/2023 15:40

Crumpleton · 28/03/2023 15:37

OP's insurer won't then contact his insurer, they will deal with it all themselves. It's in their interests to not involve the other insurer at all as that's often when they end up paying more out.

@SofiaSoFar ...picking g yoyr brains here.

Could this be open to abuse, as in someone can send in my number plate saying I'd caused damage to their car when infact its a lie?

It is open to abuse. But, if you haven't notified your insurer of an accident they will contact you for your version of events. We often get claims where someone has taken down a registration incorrectly and meet a plausible denial from the third party's insurer.

drpet49 · 28/03/2023 15:40

MyPurpleHeart · 28/03/2023 15:08

This just got worse and worse as it went on. His lack of accurate insurance is not your problem. I'd tell him you go through insurance or nothing at all. This is an expensive lesson for him to learn about not telling lies to your insurance company for cheaper cover.

The quote from his chosen garage that HR are pressing you to pay sounds dodgy to me. I wouldn't be paying that. The reason we have insurance is because its in their best interests to fully investigate everything they pay and they are very good at making sure its all legit and above board.

This. Just go through your insurance to protect yourself.