Advice needed

Topman9880

Hi

Any advice greatly appreciated here.

I work in the motor trade selling a premium German car. We have an offsite storage compound where we keep most of our cars (basically a big hanger with steel posts in). Recentely I was getting a car out the was blocked in, inevitably and accident would happen, and I reversed into one of these posts. The damage wasn't too bad however with these being expensive cars the repair bill from our own body shop came to almost £3000.
The company are teling me as this was not on a public road, I am liabile for the full amount.
Bear in mind this was an accident, in a darkish hanger with not well marked out poles and noone to watch me.
I've recentely been offered a new job so handed my notice in, my boss has told me I need to pay the full amount, is this right?

Ozzuk

they should have insurance for this, though I've heard of contract clauses that you have to pay any excess...

z1a

Why was it inevitable? If you couldn't see the posts you should have been moving at a snails pace.

Les79

Maybe their insurance only covers public roads? In which case they'd be liable for the whole bill here.


I would imagine that it effectively boils down to whether it could be argued that you were negligent..


Your defense at this time appears to be "Bear in mind this was an accident, in a darkish hanger with not well marked out poles and noone to watch me."


- How dark is "darkish"? Light enough for a reasonable person to see hazards when driving? Also, the warehouse have any lighting? Or could you have turned on the car lights? Lots of variables here.


- Not well marked out poles? Well, are they something that a reasonable person would see when they approach the car? Or are they obscured and require insight to know that they are there? Depending on what they look like, there's an argument for you being negligent by not appreciating the nearby hazards.


- Nobody to watch you? Are you subject to being supervised when driving a car? If so then you inadvertently weaken your case as you drove without supervision (negligence on your part, and POTENTIALLY on theirs but not as much). If not then how is that an issue here?


I would firstly recommend gathering some evidence of the above just in case you need it at a later date.


Aside from that, they may try and dock your last monthly wage (if they do speak to ACAS). They may alternatively simply take you to court and any evidence from both sides can be presented and a ruling made on who owes the £3,000 bill.

tacpot12

Does your contract of employment state that you are responsible for any losses you cause your employer?

If not, then they should not deduct anything from your final wages, and you should challenge them if they do. If you don't, this might be seen as you accepting liability.

If you are feeling generous, you could offer to pay half (or any other figure) in full and final settlement.

TELLIT01

What does your contract of employment say on the matter? Even if it is in the contract it may be difficult to enforce if the conditions the vehicle was stored in are as you state. If the post was low enough not to be visible when reversing it's difficult to understand how they can hold you responsible.
As others have said, they should have insurance to cover such eventualities.

z1a

TELLIT01 wrote: »

What does your contract of employment say on the matter? Even if it is in the contract it may be difficult to enforce if the conditions the vehicle was stored in are as you state. If the post was low enough not to be visible when reversing it's difficult to understand how they can hold you responsible.
As others have said, they should have insurance to cover such eventualities.

Surely you would be aware of post when you checked round the car for obstructions before you got in.