Expensive payout after trashing someones car at work. Advice?

Mr_Mystery

Hi.

Just to get it out of the way to begin with ... this happened today, i accept responsibility, i've had no end of the wise cracks today, this is serious so i'd like to avoid the jokes, the digs & the finger pointings - as said, i accept responsibility (i have no choice - i'm the driver).

With that said, onto what has happened....

I'm a delivery driver. I was reversing into someones driveway. The customer was watching me back (i didn't ask, they just did it, but i'm aware blaming the banksman is no get out clause). I could see the person in my mirror at all times.

However what i couldn't see in my mirror was a lamppost. I hit it, not hard (not the point i know). It doesn't appear to have been sunk in the ground very far so it hasn't taken any force at all to knock it over it seems (not an excuse i know - i'm just painting the picture) and at no point did the customer "whoa stop" me (again, i'm aware i can't blame the banksman, i'm just trying to give all the detail possible).

This lamppost obviously then tipped ........ on a 12 plated Nissan Juke.

The rear window is totally smashed to pieces. The spoiler has gone as well. Thankfully the lights aren't part of the bootlid & weren't touched. The roof & surroundings appear to be ok. I >THINK< it would be just a case of get a new bootlid & replace. Though i understand when insurance claims go in, all other minor blemishes get priced in & the price is then bumped.

I was told this is a "lease car".

We exchanged details & i apologised profusely.

I don't know how helpful this is to my case, but the reversing camera on my vehicle doesn't work. You are not allowed into the quarries without a working reverse camera i believe, on safety grounds. This fault has been reported to the on site workshop & has been faulty/broken for some time.


On my return, every man & his dog had something to say (understandable). Some were blasting me, some were taking the piddle. I felt bad enough as it was, knew what had gone wrong, knew what not to do in future, so didn't need all this from every person i met.

The boss told me that this was going to be very expensive for me.

And this is where i come to you guys for advice.

1) I'm worried i'll face disciplinary action and/or the sack.
2) I'm worried about how much this is going to cost.
3) I'm concerned that (figures for example purposes only) the repair will cost £1000 yet i will get billed £2000 as everyone will make a profit out of my mistake.

What should i do in this situation?

Should/can i ask to see the repair bill so i know i am not being charged 10x the repair cost?

Does the faulty reverse camera help me at all? (clutching at straws here).

I earn approx £1000 per month & have bills totalling about £700-£800 per month. Sometimes my earnings drop dependant on the hours i do, but my bills unfortunately don't drop. If my employer orders me to pay (example figures) £80 per week, and if i have no choice other than to pay or leave, then do i have any right to request a decrease to (example) £20 per week as i couldn't afford £80/wk?

My head is all over with this. I'd just like advice on what i should or can do from this point onwards. Obviously i'm trying to make the best of a terrible situation which anyone would do. What a great start to the weekend

Takeaway_Addict

How long have you worked for them?

Unless you have signed something to allow deductions from your wage then the employer cannot do this and they should be dealing with their insurance on this one.

I believe but check even if you did sign something it can be no more than 10% at a time (unless its your final paycheck) and cannot take you under NMW.

You may get disciplined for this and you need to make sure they do things properly (presuming you have worked there more than 2 years (1 year if employed before Apr 6th 2012) but my guess (and it is just this) is your employer is blowing alot of hot air at the moment and when given a chance to calm down will be more practical and realistic.

And as hard as it is try not to worry because what is done is done, you can't change the past now can you.

Relax and go and do something purposefully that you enjoy.

Janey7

What a horrible situation to be in. Not sure how much this will help you (I'm terrible at calculating figures) but just to note that if they make you pay for the damage, legally the employer can't reduce your pay to below the national minimum wage. See https://www.gov.uk/understanding-your-pay/deductions-from-your-pay

1886

I'm a delivery driver too. If we damage our vans we just loose our motor vehicle incident (MVI) bonus for that quarter which is £75. I would'nt worry too much mate. In your defence the rear camera was'nt working.

I'm not sure what's stated in your contract of employment but I know we don't pay for actual damage to the vans. It's just as well because some of our drivers get stuck in fords all the time, new engine £6k!

ohreally

The financial liability should rest with the employers insurer (unless the employer decides to absorb the hit) - they should not look to pass this on to you.

lynnemcf

Have I read this right, you knocked over a lamp post and it damaged a car ... not the car/van you were driving. Did you call the police?

Mr_Mystery

Takeaway_Addict wrote: »

How long have you worked for them?

4 or 5 years now i think.One of the two that's for sure.

Unless you have signed something to allow deductions from your wage then the employer cannot do this and they should be dealing with their insurance on this one.

I have.

The details on deductions has been signed to say that we agree to deductions IF....
* for example, we use our 20 day holiday allowance in January then leave on 1st of Feb. We've taken more than we've accrued, therefore we'd need to pay back
* If they overpay us by mistake
All things of that nature, which is only fair & then the one about damages-
* If through our negligence, we damage our stock which causes financial loss to the company. Something along those lines.

I'd have to find & dig out the actual wording on it though & post it here, but that's the basic jist of it.

They could say i was being negligent, but i didn't damage our own stock - the vehicle is fine. People smash mirrors all the time & don't pay.

I believe but check even if you did sign something it can be no more than 10% at a time (unless its your final paycheck) and cannot take you under NMW.

Their deductions may not take me below NMW, but that's not really my concern - my concern is taking more than i can afford to pay.

your employer is blowing alot of hot air at the moment and when given a chance to calm down will be more practical and realistic.

I can't see this myself. When my employer gets hit with a big bill through employees fault, they have been known to charge the employee. Most/all have just bowed down & taken it because they see it as their fault, so they daren't challenge it.
So i don't see this as hot air. I see this as the boss meaning what he says.


I know what you say by relax & go do other things, but this is important - i need to know where i stand, what i can & can't do, so it's important i put in the leg work, THEN i can go & relax.


One other concern i have is that IF i challenge this then either 1) my employer will just say how dare you challenge us, in that case you're sacked OR 2) they'll make my life a living hell afterwards.

Mr_Mystery

lynnemcf wrote: »

Have I read this right, you knocked over a lamp post and it damaged a car ... not the car/van you were driving. Did you call the police?

Correct. My vehicle is undamaged.

The lamppost was inside the customers grounds. I believe it is theirs & not the councils for example (or whoever owns lampposts). No i didn't call the police. I called my employer to report the incident.

Takeaway_Addict

I'm guessing you are not a member of a union and if you are not then it maybe worth your while seeing a solicitor (employment). You may get the first 30 mins free but you may have to pay an hour or two but then it may save you hassle and will put you exactly with the knowledge you need.

Or as a side motion, goto https://www.redundancyforum.co.uk and ask SarEL who will tell it bluntly but 99.99% time correctly. Though be thorough in your opening post and be honest and open.

gibson123

Your employers public liability insurance should cover this.

Mr_Mystery

Takeaway_Addict wrote: »

I'm guessing you are not a member of a union

Sorry i should've said this earlier

I am (a member)

I was going to ask SarEL, but i wanted to find the section in my contract regards deductions before i went there though as i wanted to try & give as full a picture as possible straight away.

gibson123 wrote: »

Your employers public liability insurance should cover this.

Maybe so, but wont their premiums go up? They wont be happy about this & the deductions section says something about if premiums go up because of our actions (something on those lines when the negligence thing was mentioned) then we'll pay.