Employee crashes van in their own time

[shovelheadrob]

My son has a maintenance company, 10 vans used by employees & subcontractors for work, they're insured for work & travelling to and from, it's mutually convenient for them to work this way. They know that they're not allowed to use them for private/social domestic and pleasure use.
One of the drivers has stacked his van on Sunday morning, possibly due to excess from Saturday night, but not confirmed. He's hit the back of another vehicle, don't know the full extent of the damage & as it is apparently a hire vehicle, the driver's just given it back to the hire company. The van driver has said he'll get a loan to pay for the damage, but I think once the reality has struck home that might change. My son would prefer not to go through the insurance & I said that I don't even think that they would cover it as technically the driver has "taken without consent"
The driver has also said "let's call it a day" on his employment, which leaves my son a man down too (previous to this he's been a good worker), it's all a bit of a mess!
So....should my son just worry about getting his van fixed & leave the rest for matey boy to pick up the pieces, I've advised against trying to put it through his insurance, as that would mean having to lie about the use of the van..not good. I'm guessing that the hire company will just get it repaired through their own insurance & leave them to recover their losses.
Any advice welcome.
TIA

[xjay1337]

Ultimately the buck stops with the driver of the van.

He used it when not insured, so he will be done for no insurance. Simples.

[Countdown]

Won’t the other driver (the driver of the Hire vehicle) have a massive excess to pay? Can’t see him being happy to be out of pocket...?

[shovelheadrob]

Countdown said:

Won’t the other driver (the driver of the Hire vehicle) have a massive excess to pay? Can’t see him being happy to be out of pocket...?

I would assume so but it could be a corporate hire, vehicle was a new Range Rover.

[Drumroll]

Just a few thoughts;

If your son does keep this driver, what does it say to his other employees?

If another driver does the same what will he do then?


What have the police said?

What have the insurance company said?

[shovelheadrob]

xjay1337 said:

Ultimately the buck stops with the driver of the van.

He used it when not insured, so he will be done for no insurance. Simples.

This is what I'm hoping for, with no comeback on my son other than the £4k cost of repairs to his van!

[Teddy Lop]

shovelheadrob said:

This is what I'm hoping for, with no comeback on my son other than the £4k cost of repairs to his van!

I thought in incidence of driving outside terms, e.g. Using SDP and commute policy for work, insurance pays then may seek to reclaim from individual?

[shovelheadrob]

Drumroll said:

Just a few thoughts;

If your son does keep this driver, what does it say to his other employees?

Yes it's a difficult one, but irrelevant now as he's jacked

Drumroll said:

If another driver does the same what will he do then?

The other drivers don't take the piss, he has trackers on all vehicles & they know this, so did the driver in question though......

Drumroll said:

What have the police said?

We don't know, the driver say's that they attended & he passed a breathalyser but....
He (my son) has so far not been able to confirm this.

Drumroll said:

What have the insurance company said

Nothing, they're not involved yet.

[shovelheadrob]

Should he be reporting it to the police as TWOC?

[dacouch]

The hire vehicle is likely to include cover for the employee to drive privately

[shovelheadrob]

Teddy Lop said:

I thought in incidence of driving outside terms, e.g. Using SDP and commute policy for work, insurance pays then may seek to reclaim from individual?

Perhaps he should have a conversation with his insurance company, he's hoping to avoid involving them as his premium is quite high for 10 vehicles already.

[wattsm666]

Is it the insurance that prevents sdp or is that just the company rules. What does the insurance policy say

[Gary C]

Dont understand this.

The hire companies insurer will be contacting the insurance of the OP's son with a claim, no way to avoid it unless the driver has hit and run ?

[macushla]

dacouch said:

The hire vehicle is likely to include cover for the employee to drive privately

I think the hire vehicle is the other car, not the van owned by the son of the OP. At least that’s the way I read it.

[shovelheadrob]

wattsm666 said:

Is it the insurance that prevents sdp or is that just the company rules. What does the insurance policy say

It's the insurance company, even his own van is business only use, including to & from work.

[surveyor]

Would it cost much more to add private use? If it does not I would seriously consider doing this, even if he does not tell the staff that they are insured...

[shovelheadrob]

Gary C said:

Dont understand this.

The hire companies insurer will be contacting the insurance of the OP's son with a claim, no way to avoid it unless the driver has hit and run ?

I've told my son that this is the most likely outcome. Just trying to find out if he's (my son) liable in any way.

[shovelheadrob]

surveyor said:

Would it cost much more to add private use? If it does not I would seriously consider doing this, even if he does not tell the staff that they are insured...

I don't know if it's even an option, worth looking into although a bit horse, bolt, door lol!

[Macneil]

I can't see any alternative to informing his insurers, surely it is a conditionof the policy that they are informed of any possible issues that may give rise to a claim? The driver has to carry the can here. What if your son is drgged into some sort of insurance fraud case? what if he's refused insurance fr his business in the future? It's a no brainer, come clean, go by the book, throw the driver under the bus if neccessary or they'll all be out of a job.

[gazza285]

shovelheadrob said:

surveyor said:

Would it cost much more to add private use? If it does not I would seriously consider doing this, even if he does not tell the staff that they are insured...

I don't know if it's even an option, worth looking into although a bit horse, bolt, door lol!

Might not cost much more for the insurance, but the van drivers all get taxed on the personal use rate, which is £3350 off your personal allowance, as it is seen as a benefit in kind. That might make them grumpy.