Employee forgot to renew company van insurance !

Guest101

Beccapuglove wrote: »

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

both 2017? - to be honest I'd assumed 2016 at this point as insurance is for 12 months

Beccapuglove

Yes what my husband assumed that but he only put him on for a month the insurance company shown him by their records , asking his boss about this he said he should have done a year he just clicked cheapest option at that time not telling my husband , then renewal came up he checked but qoute and was a lot more so didn't renew and didn't tell my husband he said he had a lot on and forgot x

Beccapuglove

This was back in 2016... he insured him 17th April 2016 ended And not renewed after 17th of June also not the July, august and September... September was when the accident happened

Husband thought he was put on for a year as wasn't told otherwise plus boss doesn't drive van much because of a back injury so only people
Who drives the van much is my husband and his colleague they both thought they put on for the year !

The Reason he gave why he didn't put other colleague at all even though asked for his licence was he thought my husband did most of the driving and forgot to tell Him Too x

Beccapuglove

Since accident van was fixed and sold so back to getting enterprise vans or using husband new van locally x

molerat

In law the owner, or fleet manager if larger organisation, can be considered as "using" the vehicle in such cases and should have been the one taking the fine and points. His mitigation would be that he had confirmation from the owner that he was insured.

Beccapuglove

It's just more of a mess my husband just got the letter in post saying take 6 point and fine or go to court he hates that stuff just signed and took them and boss was saying to him sorry and he will sort him out , but if anything he just been throwing him under the bus by saying to his insurance company my husband said he had his own insurance which he never said that ever hence he did insure him before

FBaby

My understand is that it is the responsibility of each driver to insure that the car they are driving is covered by insurance, so that would explain why he had to take the points and fine (which wasn't as high as could have been).

So the question is, did your OH asked to see the insurance papers -he should have- and if he did, was it a case that the papers showed the insurance was only for three months coverage - if so, his responsibility to ask for proof of cover after this date.

If it's a case that the insurance was taken for 12 months, he asked for the papers and it did state that he covered for 1 year, but subsequently, his boss cancelled the policy without telling him, then he might have a case against the employer.

Wayne_O_Mac

Guest101 wrote: »

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

Not so!

s143(3) Road Traffic Act 1988:

(3)A person charged with using a motor vehicle in contravention of this section shall not be convicted if he proves—
(a)that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan,
(b)that he was using the vehicle in the course of his employment, and
(c)that he neither knew nor had reason to believe that there was not in force in relation to the vehicle such a policy of insurance or security as is mentioned in subsection (1) above.

Savvy_Sue

We have a van at work, and some people who drive their own car.

The business owner has a very convenient memory, and IMO is not meeting his obligations at all well - whether or not there's a lot going on, it's his business and he needs to take care of it!

Everyone who drives the work van shows us their driving licence and completes two forms, one from the insurance company, and one promising they won't drive under the influence and that they'll take any points issued for traffic offences etc. They also go out with an experienced driver to check they're OK, but only AFTER our insurance company has confirmed they're OK to drive.

Everyone who drives their own car for work has to show their insurance certificate, showing that they have cover for business use.

And no-one has ever asked to see the van's insurance certificate. Sure, there's a copy of it in the file of van documentation which lives on the van, but I'd be gob-smacked if any driver had ever thought to look for it.

It's a works van, you assume work has insured it, don't you? bugslet, any of your drivers ever ask for proof their vehicle is insured? It's like saying "I think you're a dodgy company who might NOT insure their vehicles!" :rotfl:

sangie595

As I see it, the problem is that he has already admitted driving without insurance in court. And did not challenge that. So legally, he is responsible because he said that he was! I honestly think this is something only a lawyer can deal with. It is too convoluted and complex for advice here.