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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:
LakieLady · 28/03/2023 17:28

Blimey, OP, something perfectly simple seems to have got very messy.

Bottom line is that you paid for insurance for exactly this eventuality. If he wants to claim the costs of the damage to his vehicle, it should go through your insurance. If he doesn't want to do that because he hasn't been up front with his insurers, that's tough shit.

I wonder if this is a DIY campervan conversion and he hasn't changed the registration? My late DP and I had a couple of motorhomes, and he would never contemplate buying one that was a DIY job unless all the paperwork had been done properly, because it can cause no end of trouble if/when it comes to an insurance claim.

Nott being honest with your insurers was a big mistake imo. I wonder what their position would be if you tried to amend your account of the accident and report the damage to his vehicle now, and explained that you were under pressure from him not to report it initially?

As for HR getting involved and offering a loan, I've never heard anything so ridiculous. Why would you borrow money to cover the cost of an insured loss? That's what your premiums are for!

PuddlesPityParty · 28/03/2023 17:32

Chickenly · 28/03/2023 16:32

Even if she tells her insurance. She’s still hit someone’s vehicle and lied about it. Coming clean because she’s in trouble doesn’t undo what she did or mean she’s not done anything wrong. Insurance companies don’t go “oh, you lied and committed fraud, no worries, you’ve told the truth now so we’re all good”.

Not sure why you feel so smug and clever seeing as you’re wrong. 🙄

Show quote history

Can you read? I never said anything about the hitting! I was saying IF SHE TELLS THE INSURANCE NOW SHES NOT DOING ANYTHING WRONG BY DOING SO. I am not talking about prior events. And the smug and clever part has a question mark at the end - this means it was a question, aimed towards you, not a statement. Get it now? (That’s a question aimed towards you BTW just so we are clear Chicken xx)

IsItThough · 28/03/2023 17:36

He could have been paid through your insurance. He declined this as he was uninsured. That is his problem now.

SofiaSoFar · 28/03/2023 17:38

IsItThough · 28/03/2023 17:36

He could have been paid through your insurance. He declined this as he was uninsured. That is his problem now.

And he still can be paid though OP's insurance.

In fact, he could leave it 6 months and then still decide to go to her insurance and claim.

Samsungwasher · 28/03/2023 17:44

Bloody hell, why are people arguing about this for 5 pages when Op hasn't posted since the original?

Male101 · 28/03/2023 17:44

Nailsandthesea · 28/03/2023 16:58

Insurance companies will not pay out if they don’t have to

This is alway my assumption. And they will always look for a reason not to pay.

My last car had the wheels powder coated another colour when they were refurbished, no big deal I thought, got the cheapest quote from gocompare. Phoned the company and explained as there isnt an option for it, price went up significantly, lucky I had a set of wheels that were the same just not powder coated. Most people thought I was being over cautious. But I'm not given them a chance to fuck me.

AndEverWhoKnew · 28/03/2023 17:44

The problem seems to be that neither of you understand insurance.
You shouldn't have lied. You should have reported exactly what happened to your insurance company and given them his details. They would then have paid for your damages, and his. Can you give your insurance company his details now? Or have you lied so much that isn't possible?
If you had just reported it when it happened, it would have been up to him if he wanted to lie that he wasn't commuting ie he had just parked there for a social/domestic reason. When you report an accident, you don't usually know all the details (eg his modifications, his type of policy, etc) about the other party. It's not your responsibility to find them out. You just take name and insurance contacts, and pass them on.

IsItThough · 28/03/2023 17:47

SofiaSoFar · 28/03/2023 17:38

And he still can be paid though OP's insurance.

In fact, he could leave it 6 months and then still decide to go to her insurance and claim.

Show quote history

Yes, so 100% HR are talking out of their arse and the OP leaves him to it

sparkypupp · 28/03/2023 17:52

CraneBoysMysteries · 28/03/2023 17:10

My biggest take out from this thread is how many people are commuting to work unaware they are uninsured...

We are with Admiral and had to add commuting on as an additional option...

Me too! I hope all these people actually go and check their insurance policy after this!

mum11970 · 28/03/2023 17:58

The OP is liable for the damage even if the other person wasn’t insured, as it is a claim on her insurance not his. It’s no different from hitting and damaging absolutely anything, whether it’s an insured object or not.

Astrabees · 28/03/2023 18:05

Of course you should pay if the accident was your fault. He could just take you to the county court to get judgement where insurance would not be an issue.

WombatChocolate · 28/03/2023 18:09

Again, there are 2 separate and largely unrelated issues here, which have got muddled.

  1. The colleague possibly not having insurance for commuting - irrelevant to making a claim on OPs insurance for damage SHE has done to his car. This would be a problem if HE damaged her car whilst commuting…but that didn’t happen.
  2. Op has not disclosed the full nature of the accident and not claimed for repairs to colleagues car which she caused. Therefore currently her insurance isn’t paying out to him. And she doesn’t want to pay herself. This is separate to the issue of what kind of insurance he has or hasn’t got.

She doesn’t seem to understand. He doesn’t seem to understand. Really, she needs to either pay up from her own pocket, or more sensibly, tell her insurance what happened or encourage the colleague to claim on her insurance. Sofia has mentioned she can do it direct to her insurance and his own insurance don’t need to be invovled if that’s what he chooses, but actually involving his won’t be a problem anyway, as this ISNT a claim on his insurance.

Emotionalsupportviper · 28/03/2023 18:13

beenwhereyouare · 28/03/2023 14:30

Regardless of anything else, the OP hit another person's vehicle. Even if her insurer doesn't cover the damage to the employee's van, she is still liable.

Show quote history

She may not be if it is a private car park.

thebestbirtheraccordingtoDD · 28/03/2023 18:20

OP your boss needs to calm the fuck down
He won't not be insured just because he didn't have SDO&C they just add it on
His modifications don't matter to your insurer. Tell him to claim via your policy cos that's what it's there for.

CombatBarbie · 28/03/2023 18:26

Astrabees · 28/03/2023 18:05

Of course you should pay if the accident was your fault. He could just take you to the county court to get judgement where insurance would not be an issue.

I'd like to see the justification which would go in his favour.....

ComeOnNumber100 · 28/03/2023 18:43

Astrabees · 28/03/2023 18:05

Of course you should pay if the accident was your fault. He could just take you to the county court to get judgement where insurance would not be an issue.

The county court would throw it out if the OP told them her colleague was offered the insurance details to claim from and declined.

nomoremerlot · 28/03/2023 18:44

Astrabees · 28/03/2023 18:05

Of course you should pay if the accident was your fault. He could just take you to the county court to get judgement where insurance would not be an issue.

Don't be ridiculous 🙄

BennyBlancofromtheBronx · 28/03/2023 18:45

Astrabees · 28/03/2023 18:05

Of course you should pay if the accident was your fault. He could just take you to the county court to get judgement where insurance would not be an issue.

If county court proceedings were issued against the OP, she'd just pass them to her insurer who would either pay up or defend.

nomoremerlot · 28/03/2023 18:45

mum11970 · 28/03/2023 17:58

The OP is liable for the damage even if the other person wasn’t insured, as it is a claim on her insurance not his. It’s no different from hitting and damaging absolutely anything, whether it’s an insured object or not.

I don't think so....

Chickenly · 28/03/2023 18:48

PuddlesPityParty · 28/03/2023 17:32

Can you read? I never said anything about the hitting! I was saying IF SHE TELLS THE INSURANCE NOW SHES NOT DOING ANYTHING WRONG BY DOING SO. I am not talking about prior events. And the smug and clever part has a question mark at the end - this means it was a question, aimed towards you, not a statement. Get it now? (That’s a question aimed towards you BTW just so we are clear Chicken xx)

Show quote history

CAPITAL LETTERS DON’T MAKE YOU RIGHT.

You look ridiculous.

You said if she tells her insurance then she’ll have done nothing wrong. That is patently incorrect and flatly false. You then decided to be smug on top. And for hysterical when you were knocked back for it. I assume you’re used to be people just shutting up when you flip your lid?

CocoFifi · 28/03/2023 18:48

Do not pay. He has been driving his car illegally. You should follow normal procedures and it is his loss

Sqqueeeeeeee · 28/03/2023 18:50

PuddlesPityParty · 28/03/2023 17:32

Can you read? I never said anything about the hitting! I was saying IF SHE TELLS THE INSURANCE NOW SHES NOT DOING ANYTHING WRONG BY DOING SO. I am not talking about prior events. And the smug and clever part has a question mark at the end - this means it was a question, aimed towards you, not a statement. Get it now? (That’s a question aimed towards you BTW just so we are clear Chicken xx)

Show quote history

That’s not what you said and having a tantrum isn’t convincing anyway that it is what you said. Not sure why you’re so invested that you’ve decided to carry this on.

Trekkingaway · 28/03/2023 19:09

Either he goes through insurance or he pays himself and that's what I'd be telling him if I was HR (I am) too. I can't believe HR have got involved to the extent of offering loans or "advising" you to pay.

WombatChocolate · 28/03/2023 19:44

nomoremerlot · 28/03/2023 18:45

I don't think so....

Show quote history

mum11970 is right.

WombatChocolate · 28/03/2023 19:54

What we need to know from OP, is whether colleague has had his car repaired privately? Has it actually happened?

And did he choose to do that after OP clearly said he could claim on her insurance?

Did OP (wrongly) suggest to him that he would be in trouble if he claimed on her insurance, as his own insurance might not have covered commuting? Ie. Did OP persuade him not to claim through insurance?

The suggestion in OPs post that he wasn’t keen to go through insurance and chose not to, choose to arrange his own repair and then later got cross and got HR invovled to try to make her pay up, doesn’t really quite ring true and make sense.

Again, his insurance is irrelevant here. Op caused the damage and so it’s her insurance which can be claimed in by both her and him. Unless he was totally clueless and thought he couldn’t claim, it is extremely odd that he chose to arrange and pay himself.

If OP genuinely made it clear that he could claim on her insurance (and didn’t try to mislead that he couldn’t with ref to aspects of his own insurance and car) and also made clear she wasn’t going to pay for the damage from her own funds, then if he chose to range repair himself, then that would be an odd choice, but his choice to make.

As Sofia says upthread, he actually has 6 months to claim. OP’s car will be repaired well before then. Op can tell colleague that he can still claim. He can do it via his own insurance company or direct to hers without involving his own company if he wants. No doubt OPs insurance Co will be in touch with her to confirm details,and they will ask why she didn’t declare the damage she did to him. She can say she chose to settle it outside of insurance if she wants, but now the other party must have changed mind. That does happen….people change their minds both towards and against making insurance claims, adjusting what they originally thought they would do.

When they come to renew insurance, both OP and the colleague should be declaring the incident and fact someone else was invovled.