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Employee Rights Re: Private Insurance

  • 30-10-2012 9:40pm
    #1
    TJGer
    Registered Users, Registered Users 2 Posts: 25 ✭


    Hi All,
    My employer recently sent around a form for all staff driving company vehicles to complete.
    It includes questions about my private insurance and details of any accidents or claims against me.

    Am I legally obliged to complete this form

    Regards

    TJGer



Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Yes, probably.

    Your employer has an obligation to insure the company vehicles. The insurer will not write the business if these facts are not disclosed. If you're employed in a position which involves driving a company vehicle, then it's an implied term of your contract that you won't impede the employer from effecting the legally-required insurance. Your refusal to answer the questions will prevent the employer from effecting the insurance.

    It's the insurer who needs these details, not the employer. You could probably insist that you will furnish the information direct to the insurer, so the employer doesn't see the answers you give to the questions. Of course, doing so would alert the employer to the likelihood that the answers are embarrassing in some way.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    OP, to answer your question: No, you are not 'legally obliged' to answer the questions but if you do refuse, the insurance company will refuse to cover you so your employer won't allow you to drive a company car.

    In that situation, if you can't afford to provide your own car and your job requires you to have the use of a car, your employer would probably have a good case to dismiss you.


  • #4
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    Your employer may also be seeking to satisfy its obligations under the Health & Safety at Work Act - even if your car is your own, they will have some potential exposure (e.g. if you claim mileage and/or transport other colleagues to meetings etc). THe extent of employers obligations in this area is a developing area and it may be that your employer has been advised to put stronger information gathering procedures in place. Whether you have an obligation to provide this information will depend on your contract of employment/employee manual or similar and the extent of your duties. Don't be surprised if they also ask to see your driving licence and NCT certs.


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