Is the driver liable

ChirpyChicken

I will be seeking legal advice in due course but just throwing this out here for opinions
Driver employed by a haulage firm didnt declare their points when employed
Driver had an accident
Haulage firms insurers refusing to pay out because of this failure to declare this information leave the firm with a large bill (now paid)
Can the driver be held liable for this?   

TadleyBaggie

Was driver asked about points and lied? Or was the question not asked?

lincroft1710

Driver could be sued by employer, up to judge if the driver is liable for employer's loss. 


However if employer could have checked if driver had points on licence, but didn't, then employer may lose at court. 

MattMattMattUK

ChirpyChicken said:

I will be seeking legal advice in due course but just throwing this out here for opinions
Driver employed by a haulage firm didnt declare their points when employed
Driver had an accident
Haulage firms insurers refusing to pay out because of this failure to declare this information leave the firm with a large bill (now paid)
Can the driver be held liable for this?   

If they were asked if they had a clean license/any points/convictions and said they did not, then they would be liable.
If they were told that they needed to declare any points/convictions on their license and did not then they would be liable. 
If they were not asked or not told that they needed to declare any points/convictions then probably not. 
If the driver both lied and falsified any supporting documentation then they would also be potentially guilty of fraud. 

There might be a grey area depending on the number of points as well, three might not be an issue as that is normally not required to be declared on an insurance policy, twelve or more (with an exemption allowing them to continue driving) would be a huge issue, anywhere in between it would depend. 

ChirpyChicken

TadleyBaggie said:

Was driver asked about points and lied? Or was the question not asked?

yes and they didnt disclose

ChirpyChicken

MattMattMattUK said:

ChirpyChicken said:

I will be seeking legal advice in due course but just throwing this out here for opinions
Driver employed by a haulage firm didnt declare their points when employed
Driver had an accident
Haulage firms insurers refusing to pay out because of this failure to declare this information leave the firm with a large bill (now paid)
Can the driver be held liable for this?   

If they were asked if they had a clean license/any points/convictions and said they did not, then they would be liable.
If they were told that they needed to declare any points/convictions on their license and did not then they would be liable. 
If they were not asked or not told that they needed to declare any points/convictions then probably not. 
If the driver both lied and falsified any supporting documentation then they would also be potentially guilty of fraud. 

There might be a grey area depending on the number of points as well, three might not be an issue as that is normally not required to be declared on an insurance policy, twelve or more (with an exemption allowing them to continue driving) would be a huge issue, anywhere in between it would depend. 

thanks for the detailed reply!

MattMattMattUK

ChirpyChicken said:

TadleyBaggie said:

Was driver asked about points and lied? Or was the question not asked?

yes and they didnt disclose

Were they asked verbally, in writing? Did they not respond, or did they lie? How many points are we talking?

ChirpyChicken

MattMattMattUK said:

ChirpyChicken said:

TadleyBaggie said:

Was driver asked about points and lied? Or was the question not asked?

yes and they didnt disclose

Were they asked verbally, in writing? Did they not respond, or did they lie? How many points are we talking?

I dont know the answer to that sorry

MyRealNameToo

ChirpyChicken said:

Can the driver be held liable for this?   

Possibly, what does their contract state? What declarations did they have to give or statements of truth? 

At my penultimate place you couldn't drive for work other than commuting until you had shown your licence and your insurance covering business use. Whilst they couldn't stop you otherwise their policy was clear and expenses couldn't be claimed for mileage until this had been done

sheenas

It's a drivers responsibility to be insured and I am thinking it's his responsibility to pay the 3rd party and the company for their losses. So it could be reported to the Police?

paul_c123

Ultimately, the insurance can't wriggle out because they'll be the "insurer of last resort" or whatever the proper term is, as the one named on the MID entry. So even if it was a TWOC, or a disqualified driver, they would have to pay out the minimal RTA requirement at required by law. But they are perfectly entitled to sue the party who put them into that situation, for any/all losses. Since they have a contractual relationship with the employer (and not the driver), they could sue the employer. And the employer could try sue the driver - which might be unsuccessful because each owes a duty to 1) not falsify their driving record, 2) make appropriate checks.

If the employer is a diligent one and does their job properly, its almost impossible to falsify your driving licence status because they'll ask you to consent (via a time-limited password) to contact DVLA to check licence details of their drivers themselves, rather than rely on the word of the driver. But I guess its possible to slip through the cracks if the points/ban/offences were gained in between checks.

The devil is in the detail here.