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Reimbursing cost of damage whilst using car on business.

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Comments

  • Registered Users, Registered Users 2, Paid Member Posts: 7,974 ✭✭✭54and56


    I don't know why the OP asked a question they seemed to have all the answers to.

    all except the right answer anyway.

    no liability on company here.

    Oohhh, who took the jam or of your donut?

    I'm pretty clear on the question of liability as the company have accepted it, I'm just not sure on the tax element.


  • Registered Users, Registered Users 2 Posts: 4,686 ✭✭✭barneystinson


    Its only a private expense if the Employer isn't liable.

    Exactly.The preponderance of opinion here seems to be that the company aren't liable (legally speaking).

    The fact that they are willing to cover a cost accruing to you by virtue of the fact that your insurance policy has an excess on it, is a matter of choice for them in relation to a cost that is personal to you.

    I'm sure there are insuers who offer lower excesses at a higher premium (and higher excesses at a lower premium).

    The logical conclusion of your argument here that your employer is liable, would be that if (God forbid) you caused a pile up and a huge amount of third party damage, you could turn around and say you're suing them for the cost rather than have a big claim on your policy, since they are liable...


  • Registered Users, Registered Users 2, Paid Member Posts: 7,974 ✭✭✭54and56


    Exactly.The preponderance of opinion here seems to be that the company aren't liable (legally speaking).

    The fact that they are willing to cover a cost accruing to you by virtue of the fact that your insurance policy has an excess on it, is a matter of choice for them in relation to a cost that is personal to you.

    I'm sure there are insuers who offer lower excesses at a higher premium (and higher excesses at a lower premium).

    The logical conclusion of your argument here that your employer is liable, would be that if (God forbid) you caused a pile up and a huge amount of third party damage, you could turn around and say you're suing them for the cost rather than have a big claim on your policy, since they are liable...

    It's an interesting point. My initial reaction is I'd still only be after the €250 excess as the rest would be claimed off my personal insurance but then if my personal insurance premiums increased by €1,000 a year thereafter as a result of the massive claim would I be happy paying that? The answer I guess is yes because even if I was insured for work purposes on a work policy when the accident happened, if my driving caused it I'd have tiki declare that when renewing my personal policy and my personal premium would shoot up to reflect my accident history.


  • Closed Accounts Posts: 43 F412


    Not sure what insurable interest has to do with it. By your logic if a company employee whilst out on a delivery drops a parcel onto a table and in so doing smashes the screen of a phone belonging to someone unconnected with the delivery the company isn't liable because it doesn't have an insurable interest in a strangers phone.

    The company isn't liable, the employee who dropped the phone is.

    In your situation its your fault the car got scraped, the fact you were doing something for work is irrelevant. The company will not cover your excess and if they do they are very foolish as no well run company would.


  • Registered Users, Registered Users 2, Paid Member Posts: 7,974 ✭✭✭54and56


    F412 wrote: »
    The company isn't liable, the employee who dropped the phone is.
    You misread my analogy. The employee drops a parcel which breaks a strangers phone. Who is liable? If it was my phone that was broken I'd probably go after the company for compensation but maybe I'd be wrong about that. I'm open to correction as to whether the company would be liable for the employees actions whilst carrying out his job or the employee is personally responsible for any accidental damage which occurs during the performance of his role. If the the latter then it's clear I should pay for the damage I did to the vehicle whilst performing my job regardless of whether the vehicle is owned by me, a rental company or any third party but if it's the former and the company is liable for the repair costs of the damaged phone why would it not be liable for the repair costs of another asset (in this instance a car) damaged by an employee performing his job?
    F412 wrote: »
    In your situation its your fault the car got scraped, the fact you were doing something for work is irrelevant. The company will not cover your excess and if they do they are very foolish as no well run company would.
    Thankfully they see the bigger picture and recognise that if they didn't agree to cover the excess that no staff would agree to allow their private cars to be used in future. Doing the right thing in this case costs the company €250 but will save them a multiple of that in the avoidance of van rental charges going forward.

    The only issue I'm actually interested in is whether Rev Comm will view payment of the bill as BIK. Not a biggie either way but I think I've heard enough to be able to assert my claim that by the company paying for the repair I'm not receiving a benefit, I'm just being put back to the position I was in if the accident hadn't occurred.

    Thanks for helping me tease it out.


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