Employee forgot to renew company van insurance !

Beccapuglove

Hi all needing some advise if anyone could help

My husband had a accident in company van last September still arguing who's fault it was so that its own problem but that has become harder to cope with as my husband when he had accident rang his boss to say he's been in a accident his boss said "oh !!!!" your not insured my husband was shocked as he knew he insured him the April when he started driving the van,

Later on came to light and boss sent husband a text message what Iv still got as evidence that he did insure him in the April but ran out then it went up to much and he totally forgot to tell my husband!
This had been a long process my husband took the penalty of 6 points and 300 fine for no insurance cos he didn't want to be on wrong side of boss but now being take To caught by other driver and found out his boss lied to his insurance that he thought My husband had his own insurance , his insurance came to see us shown them texts messages showing he's lied to his insurance as they found it confusing My husbands boss did insure him in the April bit then not again, I sure he thought insurance wasn't going to look into that and find that suspicious that it's show up on records that he did insure him before

Where will my husband stand on taking his employer to court knowing that he let him drive a company van under the impression he was insured Cos he had showed him previously he was ?


Thanks in advance xxx

Beccapuglove

Damn I ment employer forgot to renew sorry xxx

Guest101

Beccapuglove wrote: »

Hi all needing some advise if anyone could help

My husband had a accident in company van last September still arguing who's fault it was so that its own problem but that has become harder to cope with as my husband when he had accident rang his boss to say he's been in a accident his boss said "oh !!!!" your not insured my husband was shocked as he knew he insured him the April when he started driving the van,

Later on came to light and boss sent husband a text message what Iv still got as evidence that he did insure him in the April but ran out then it went up to much and he totally forgot to tell my husband!
This had been a long process my husband took the penalty of 6 points and 300 fine for no insurance cos he didn't want to be on wrong side of boss but now being take To caught by other driver and found out his boss lied to his insurance that he thought My husband had his own insurance , his insurance came to see us shown them texts messages showing he's lied to his insurance as they found it confusing My husbands boss did insure him in the April bit then not again, I sure he thought insurance wasn't going to look into that and find that suspicious that it's show up on records that he did insure him before

Where will my husband stand on taking his employer to court knowing that he let him drive a company van under the impression he was insured Cos he had showed him previously he was ?


Thanks in advance xxx

Court for what?


To be honest, he had no choice but to take the penalty points and the fine. He drove without insurance...


It also seems he's not worked there very long. (presumably 16 months?)

Beccapuglove

Around 2 and a half years

And it's when the investigating insurance person who came to see him to take his statment that he prompted my husband to seek legal advise on his employer letting him drive the van without insuring him telling him he was insured previous

Beccapuglove

Also another employee checked after this if he was insured, he wasn't And unlike my husband who was for a while then never put back on cos premiums were to high for boss he had never been insured ! He drove the van as much as my husband just he never knew this as he had been " lucky" and never been in a accident or pulled over etc

bugslet

The van belongs to the employer then the claim from the other side should be against the employer.

I really cannot fathom why your husband took the points and the fine - not getting on the wrong side of the boss????? Really?

I don't actually know the answer, but part of this mess up is down to your OH.

If one of my employees has an accident in one of Bugs Transport vehicles, the employee gives the details of the office to the other person and then usually the only other thing they have to do is complete the claim form when they get back to the office.

Didn't want to be on the wrong side of the boss???? - I must live in a parallel universe.

It may be that the motoring forum might be a better place to ask.

Beccapuglove

Ok thank you, I know my husband really had confused me too and he still don't want to do anything it's me prompting him to take some advise and going to see a solistor Thursday,
his words have been he really don't want any enemies and wants everyone one to get along and be happy but it's past that now x

takman

Guest101 wrote: »

Court for what?


To be honest, he had no choice but to take the penalty points and the fine. He drove without insurance...


It also seems he's not worked there very long. (presumably 16 months?)

Actually I have been told that in circumstances such as the OP's if they can prove they have been directly told they are 100% definetly insured this can be used as a defence against getting the points and the fine. This is considering that the OP wouldn't be the person to take out insurance for the van because it doesn't belong to them.

Although unfortunately as they have obviously accepted the points this isn't relevant in this case.

Guest101

Beccapuglove wrote: »

Around 2 and a half years

And it's when the investigating insurance person who came to see him to take his statment that he prompted my husband to seek legal advise on his employer letting him drive the van without insuring him telling him he was insured previous

Atleast he has employment rights, but does that mean he's been uninsured for over a year?


Anyway, insurance investigators arent solicitors nor employment specialists.


Perhaps he could sue for the £300 fine, but otherwise I cant see a quantifiable loss.

Guest101

takman wrote: »

Actually I have been told that in circumstances such as the OP's if they can prove they have been directly told they are 100% definetly insured this can be used as a defence against getting the points and the fine. This is considering that the OP wouldn't be the person to take out insurance for the van because it doesn't belong to them.

Although unfortunately as they have obviously accepted the points this isn't relevant in this case.

As mitigation perhaps. I've not seen any cases like you've described, but they may exist.

Beccapuglove

prevously it was local work so used own car but then became away work travelling more so boss first off for a long time just hired enterprise vans my husband went and collected them took it back etc no problems then boss bought a van for the employees in the February my husband didn't start driving it til the April when he took up his driving licence and was put on his insurance for the first time x