Using own vehicle to pick up employers goods but breakdown

Marvel1

asbokid wrote: »

The OP must argue that his car was never designed to carry such large apparatus.

Despite express his concerns to his employer, his boss nevertheless ordered him to use it for deliveries.

How do you know this happened?

spiro

Meepster wrote: »

Social, domestic and pleasure insurance covers you for travelling to work and back.

Business insurance is only needed for any journeys carried out in relation to work. (i.e. travelling from one business address to another)

You need COMMUTING insurance to cover communting to work these days not Social, domestic and pleasure insurance.

Also there are various types of business insurance and some do or dont cover carrying goods. http://www.confused.com/guides/motoring/car-insurance/what-are-the-car-insurance-classes-of-use-1624644778

Meepster

spiro wrote: »

You need COMMUTING insurance to cover communting to work these days not Social, domestic and pleasure insurance.

Also there are various types of business insurance and some do or dont cover carrying goods. http://www.confused.com/guides/motoring/car-insurance/what-are-the-car-insurance-classes-of-use-1624644778

I stand corrected. It just shows how long it is since I had to get an insurance renewal without having Business Class 3 cover

asbokid

cjdavies wrote: »

How do you know this happened

Because I plan to represent him in his forthcoming case for constructive dismissal.

vaio

slyracoon wrote: »

Your son and his company have both commited an offence.

The Road Traffic Act 1988, section 143 makes it an offence for any person to use, cause or permit to be used a motor vehicle on a road or other public place when there is not force a policy of insurance or security against third party risks.

Your son has commited an offence by not having business insurance and his company have commited an offence by permitting him to drive for their business without performing any proper checks regarding insurance.

At my place of work anyone requiring the use of their personal vechile for business use must produce a valid insurance certificate allowing business use and complete a mandate form allowing the comapany to check your license status with the DVLA. Any company not doing this is failing in their duty of care and potentially committing and offence.

The company have no responsibility regarding breakdowns, thats your sons problem. However they should not be paying him cash for petrol he should claim expenses at the HMRC tax free rate of 45p per mile.

The son might have committed an offence if he doesn’t have the correct insurance but that is obviously for the police/courts to decide.

As for the employer, I think he might have some civil liability in the event of a accident but don’t think he’s committed any criminal offence.

What law/offence were you thinking of re the employer?

I’m pretty sure the “causing or permitting” one you suggest only applies to vehicles I own and not to the private vehicles my employees own.

Finally, how they arrive at the level of compensation for occasional use of the car is between them, there is no requirement to claim anything on expenses or pay the 45p figure.