Can my company make me use my personal car for work?

Can my company make me use my personal car for work?

Author
Discussion

Wild Swordfish

Original Poster:

1,538 posts

139 months

Wednesday 31st October 2012
quotequote all
Hi guys,

I have recently got into a slight argument with my companies fleet manager. I do not have a company car, but I do a substantial amount of miles in a pool car. The company has 5 pool cars, and I am due to use one next week. I have been told I am not allowed to use one of these cars next week, and I will have to use my own car.

The company insurance policy does not cover my car, so if I were to have an accident it would be my policy which suffers.

Second, I would not have to pay excess if I had an accident it the pool car, but I would in my own car.

As a result of these two things, I have refused to take my car. I am being put under substantial pressure from senior management (who all have company cars might I add) to use my own car. I am worried that if I don't do this, it will reflect on me badly and will thus make me less likely to looked at for promotions etc.


Do you think I'm just overeating, or do you think a company which turns over hundreds of millions should rent a car for me to use.

Deerfoot

4,901 posts

184 months

Wednesday 31st October 2012
quotequote all
Isn't there a mileage allowance which will cover your costs when you use your own car?

Why can't you use the pool car next week?

PeteSBC

284 posts

173 months

Wednesday 31st October 2012
quotequote all
Do you have insurance coverage for business use?
If you had an accident you might find your insurance company won't cover you.

Zerotonine

1,171 posts

174 months

Wednesday 31st October 2012
quotequote all
I wouldn't use mine for company purposes. I would explain to them that your insurance does not cover business use, calmly yet firm. They cannot force you to!

EDLT

15,421 posts

206 months

Wednesday 31st October 2012
quotequote all
It will reflect badly on you no matter what happens, so unless it is in your contract that you have to use your own transport when pool cars are not available tell them to get stuffed.

You won't be insured at all unless you've got business use cover on your policy, the company not offering to insure you is taking the piss a bit imo.

thinfourth2

32,414 posts

204 months

Wednesday 31st October 2012
quotequote all
Your car isn't covered for business use

Therefore it would be illegal to use your own car


GoneAnon

1,703 posts

152 months

Wednesday 31st October 2012
quotequote all
If your contract says that you may need to use your car from time to time, you should honour that. If it doesn't, suggest they hire a car or let you borrow someone's company car for the journey.

Does your own insurance cover you for business use? If not, that is your get-out and if the fleet manager or the managers don't like it suggest they seek advice on the implications of them asking someone to drive without insurance.

Maybe also mention the employer's duty of care...

LooneyTunes

6,833 posts

158 months

Wednesday 31st October 2012
quotequote all
If there are no pool cars left, then surely a hire car is in order?

don'tbesilly

13,930 posts

163 months

Wednesday 31st October 2012
quotequote all
Wild Swordfish said:
The company insurance policy does not cover my car, so if I were to have an accident it would be my policy which suffers.

Second, I would not have to pay excess if I had an accident it the pool car, but I would in my own car.
Would you be insured on your own policy for business use?

A lot of policies only cover commuting to & from your place of work.

You need to check your policy before using the car for the benefit of the company who employ you,or in this case,use you.

James P

2,956 posts

237 months

Wednesday 31st October 2012
quotequote all
If you do use your car for business ie not just driving to and from work but driving whilst at work, you will need to make sure you are insured. In my experience all employers are willing to cover any additional cost.

Regarding whether they can make you use your car, suggest reading your contract as it will often be included that you are expected to use your car and set out the allowances paid to you.

Marcellus

7,118 posts

219 months

Wednesday 31st October 2012
quotequote all
When I worked for a company if you needed to go somewhere and a pool car wasn't available then it was the norm to hire one.

That was if you didn't have a company car nor took the payment in lieu of one.

In your case OP I would have thought the insurance would be the hurdle assuming you only insure it social, domestic, please and commuting to single point of work. No employer is going
To force you to break the law.

KingNothing

3,168 posts

153 months

Wednesday 31st October 2012
quotequote all
I'd tell them to spin on it, the only options I see are, they give you a pool car, a hire car, or a company car. You use taxis at there expense or they pay you the amount it would cost to add business use to you're insurance plus fuel allowance. The last one I'd be reluctant to do because they'd expect you to be using your car all the time after that.

EmmaJ

4,525 posts

146 months

Wednesday 31st October 2012
quotequote all
Technically I hear where you're coming from but surely aside from the excess on your policy regardless if you were to have an accident in the pool car or your own you'd have to declare it to your insurance company...?

I would be expensing the additional premium for business cover (unless you already have it) to the company and make sure that you bill them at the going mileage rate for the size of your engine if you do use your own car. Thinking about it if you do have accident why wouldn't you attempt to bill them for your excess....? Surely a simple upfront agreement with senior management stating that any out of pocket expenses will be covered is surely the way to go?

Spitfire2

1,916 posts

186 months

Wednesday 31st October 2012
quotequote all
Unless you have a car allowance in lieu of a company car then I wouldn't want to use my own car other than very occasionally (airport runs etc).

My work would not expect use of own car unless an allowance is being paid in lieu of company car and even have an online facility for arranging hire cars at short notice.

missdiane

13,993 posts

249 months

Wednesday 31st October 2012
quotequote all
Tell them you aren't insured and expect them to pay for your mileage and amount it would cost you to insure your car for business use, bet it's not less than the cost of a hire car for the day


panholio

1,079 posts

148 months

Wednesday 31st October 2012
quotequote all
Do you receive a car allowance?

Wild Swordfish

Original Poster:

1,538 posts

139 months

Wednesday 31st October 2012
quotequote all
EmmaJ said:
Technically I hear where you're coming from but surely aside from the excess on your policy regardless if you were to have an accident in the pool car or your own you'd have to declare it to your insurance company...?

I would be expensing the additional premium for business cover (unless you already have it) to the company and make sure that you bill them at the going mileage rate for the size of your engine if you do use your own car. Thinking about it if you do have accident why wouldn't you attempt to bill them for your excess....? Surely a simple upfront agreement with senior management stating that any out of pocket expenses will be covered is surely the way to go?
I've looked into this when first finding out I would be using pool cars for work. Yes, I would have to declare I've had an accident, but it wouldn't count as a claim as it's not my policy.


And no, I do not have business use. It only costs £20 to upgrade, but that's not the point.

And again, no, it's not in my contract of employment to travel for work.

calibrax

4,788 posts

211 months

Wednesday 31st October 2012
quotequote all
I'd start looking for a new job NOW. It sounds like the management are not the sort of people anyone would want to work for.


Sford

428 posts

150 months

Wednesday 31st October 2012
quotequote all
I regularly go 'on call' with the company I work for and a requirement of theirs was that I use my car. Due to the nature of what I do a level of anonymity is required and as I drive an easily recognisable car, I stated politely that I would not want any repercussions as a result of my work to be taken out on my personal possessions. I also stated that I do not have business insurance and if they were not willing to pay to add it to my policy I was not prepared to use it. I also pointed out the amount they would pay out (35p a mile I think) and that it is more cost effective to hire a car through hertz and pay the fuel on the company card/reimburse me than it would be to use my own and pay per mile. We also have pool cars and they are not always available due to managers 'reserving' them. In the end, they agreed and we now have an account with hertz who will drop a car off to the office in very short notice, with the ability to accommodate a large amount of equipment and/or people.

Face for Radio

1,777 posts

167 months

Wednesday 31st October 2012
quotequote all
My old company tried this one on with me. I just flat refused.

The second you start using it, they'll expect you to keep doing it.

All for free I'll bet.

They had a caveat in the company car policy, that anybody needing the use of a vehicle when a pool car wasn't available, is eligible to requisition the company car from it's user for business use.

I would check to see if they have a similar clause in your company car policy and fire that one back at them. Someone used that nugget on a senior manager and he went spare, can hardly do anything about it though as a quick phone call to HR would confirm it and he'd have to give up his keys anyway. hehe