Question about liability

jackreacher

Hi all,

This is firmly in the what happens if category so here goes.

I had finished work last saturday night in a hotel and a person attending a wedding but not staying asked me for a taxi number. I told him that i was finished work but could drop him into town in my own car as i was going that way. He said fine and i dropped him off in town and i went away home.
This guy told the groom afterwards and the groom wrote a nice email to my boss commending me.

One of the other managers commented that if we had an accident that this guy could sue the hotel.

I wasnt driving a company vehicle, i wasnt taking payment of any kind and i explained to this guy that i was dropping him in in my own car as i was finished work so surely the hotel would not be exposed if anything had happened ?

What would peoples opinions be on this?

Jack

Maphisto

I think he, the manager, has a point.

You won't have insurance to carry passengers and this guy wasn't a friend, relative or associate so....

I was always told similar in a company I worked for in the UK. We could take anyone in a company vehicle but only other members of staff in your own car.

It's a shame that an act of kindness has that potential.

whomitconcerns

i think it would be a cloudy area...I would think that You were a representative of the hotel when you offered him a lift, regardless of whether working or not, the fact he asked you for a number implies he knew that. So I think they could be partially exposed if something had happened....

My non offical thinking on it is that you may have unintentially extended the hotels duty of care to the guest by giveing them a lift and if something had happened they would at least be partly exposed...although I am intrigued to hear a maybe more informed opinion?

jackreacher

Im after emailing my personal car insurance provider because Id like to get an answer. Would I be covered by my own insurance etc.

It is definitely not straight forward

slimjimmc

Maphisto wrote: »

I think he, the manager, has a point.

You won't have insurance to carry passengers and this guy wasn't a friend, relative or associate so....

I was always told similar in a company I worked for in the UK. We could take anyone in a company vehicle but only other members of staff in your own car.

It's a shame that an act of kindness has that potential.

I've never seen anything in any insurance policy I ever had that requires passengers be known to me or prohibits cover to passengers who are strangers. The only prohibition was carrying passengers for reward or business purposes.

(unqualified opinion follows)
However, in the event of a claim the passenger could easily claim he believed the transport was provided on behalf of the hotel despite a personal vehicle being used. And the problem for the OP and his employer would be proving the passenger understood and acknowledged the OP was transporting him in a personal capacity unrelated to the hotel.

jackreacher wrote: »

Im after emailing my personal car insurance provider because Id like to get an answer. Would I be covered by my own insurance etc.

It is definitely not straight forward

I suspect they'll say you're covered but it's not advisable to do it again in case it gets messy.

whomitconcerns

jackreacher wrote: »

Im after emailing my personal car insurance provider because Id like to get an answer. Would I be covered by my own insurance etc.

It is definitely not straight forward

no reason your car insurance wouldnt cover..there is no reward, etc for here. You picked up a hitchhiker...

Not the same issue as the hotel and potential vicarious liability

Maphisto

slimjimmc wrote: »

I've never seen anything in any insurance policy I ever had that requires passengers be known to me or prohibits cover to passengers who are strangers. The only prohibition was carrying passengers for reward or business purposes.

You're right my point was badly written

hullaballoo

I think from the hotel's perspective, the liability issue is secondary. They will not want to put themselves on risk of being sued in the first place, irrespective of whether they are ultimately found not to be liable.

FWIW, I cannot see how the hotel could be liable in the circumstances described. As I say, they won't want that tested, though.

Marcusm

I think the hotel should have thanked you for your selfless kindhearted ness but asked you not to do so in future in case any issues arose for them. Simply remonstrating with you is poor management practice (as well as being evidence of a low level of humanity).

jackreacher

Marcusm wrote: »

I think the hotel should have thanked you for your selfless kindhearted ness but asked you not to do so in future in case any issues arose for them. Simply remonstrating with you is poor management practice (as well as being evidence of a low level of humanity).

I think this is unfortunately the way forward. To be fair my manager did commend me on the thought behind it but was more worried on the potential for trouble if I was involved in an accident.

Thanks all