Help - Insurance claim rejected and whiplash

InsideInsurance

londonTiger wrote: »

You're entitled to mileage payments based on the miles you drive. It's a set amount by HMRC. Insurance is a seperate issue. They might have a word about OP not reading employee contracts regarding insurance. They certainly wouldn't give you a hard time about the 45p per mile entitlement which the NHS has no say over.

Of cause they have a say about it.

A company can pay you whatever mileage rate they want, if it exceeds the HMRC amount and assuming its paid in the gross then it simply becomes a BIK and you would be taxed on the excess over the HMRC rates

A company can also pay you under the HMRC amount and in these circumstances the shortfall can be put through directly to HMRC.

Certainly a former client wouldnt pay its employees mileage claims until they had sight of the certificate of insurance confirming they had insurance in place. This wouldnt have prohibited a direct claim from HMRC

chrisw

It looks like the NHS try and cover it from both sides:-

17.5 When using their vehicles in the performance of their duties employees
must ensure they possess a valid driving licence, “motoring organisation
test (MOT) certificate” and motor insurance which covers business travel,
that he or she is fit to drive and drives safely and that they obey the
relevant laws e.g. speed limits. The employee must inform the employer
if there is a change in status.

17.6 When authorising the use of a vehicle, the employer must ensure that the
driver has a valid driving licence and MOT certificate and has motor
insurance which covers business travel.


From the NHS handbook:-
http://www.nhsemployers.org/SiteCollectionDocuments/NHS_Handbook_Section_17_AP15_05_13.pdf


Not sure when MOT stood for 'motoring organisation test' though.

dacouch

spacey2012 wrote: »

On "work insurance" many people are under insured at work, the in connection with the policy holders business extension means just that.
In connection with your business, not someone else's.

If you are using your car on the instructions of an employer in service you need class 1 business insurance which includes you supplying your vehicle for use of an employer.
many people who think they are insured for work, are not, always state if the car is to be used under instruction of an employer.
When the quote comes back, you will see why employers want people using their own cars.

You described Class One Business Use in your first description / paragraph

Quentin

chrisw wrote: »

....17.6 When authorising the use of a vehicle, the employer must ensure that the driver has a valid driving licence and MOT certificate and has motor insurance which covers business travel.


From the NHS handbook:-
http://www.nhsemployers.org/SiteCollectionDocuments/NHS_Handbook_Section_17_AP15_05_13.pdf

That looks to be the duty the OP's employer has neglected to do..

londonTiger

InsideInsurance wrote: »

Of cause they have a say about it.

A company can pay you whatever mileage rate they want, if it exceeds the HMRC amount and assuming its paid in the gross then it simply becomes a BIK and you would be taxed on the excess over the HMRC rates

A company can also pay you under the HMRC amount and in these circumstances the shortfall can be put through directly to HMRC.

Certainly a former client wouldnt pay its employees mileage claims until they had sight of the certificate of insurance confirming they had insurance in place. This wouldnt have prohibited a direct claim from HMRC

I think of the employer differs from scheduled mileage rates they have to realign to the scheduled rates one way or another. Going over triggers a BIK which the employee gets taxed on. Underpayment results in a reduction of income tax on the employee. What this effectively means is that employee received the equivalent of 45p per mile mileage payment bit received a reduced salary.

regarding latter point.. what does it mean? Does it mean if employer pays business miles and the employees insurance was invalid then the employer is somehow complicit and therefore held equally liable?

I think employer will cover their backs, OP probably signed something in the job contract saying that they accept that they have valid insurance covering business use.

Quentin

londonTiger wrote: »

.......I think employer will cover their backs, OP probably signed something in the job contract saying that they accept that they have valid insurance covering business use.

According to the extract quoted above, NHS employers are instructed to ensure their employees have legal vehicles and correct insurance cover.

This would mean more than simply putting it in the job contract.

It seems the OP was just told to get on with it with no inspection of certificates etc, which isn't unusual for NHS managers!

zappahey

spacey2012 wrote: »

On "work insurance" many people are under insured at work, the in connection with the policy holders business extension means just that.
In connection with your business, not someone else's.

The last time I read this statement on here, I checked with my insurer and they disagreed with your interpretation.

They confirmed that the bit in bold included driving on business for your employer.

Trebor16

OP,

How much of the exchanges between you and the insurance company have been in writing?

mattyprice4004

edsredshed wrote: »

As its whiplash - they say they won't contest as very hard to disprove. They have suggested offering £1200 as apparently this is the "going rate"! But that's my money that they're offering that ultimately I have no evidence that this lady is indeed injured.

What evidence do you want? At the end of the day she just needs to say you went into her at 7-10MPH and you'll have quite little damage to the car, but enough force to cause a soft tissue injury.

Just accept you caused the accident and deal with the consequence - whiplash is common in accidents these days and you'll not get out of paying it.

arcon5

I'd be utterly disappointed if you tried to make the nhs liable!

I'd also think long and hard about the £1200 as a cancelled policy will cost you an awful lot more than that over not so much time.