Car Accident in Company Car

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        xsacha on 30/11/2015 - 14:05

        @Jnr202: Pretty sure it would be fairwork. You can tell just by the name. It's not about being safe, it's about being fair. They might not have understand when you called up.

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        eatwell365 on 30/11/2015 - 14:13

        I would think both government departments are correct. They play within their lines.

        Check the policy you signed first. If never mentioned, do not agree. Get all liability/break down of paid in writing/email.

        Call fair work matter when the employer has started to refuse you being paid the right amount. Not before - fair work only looks at when you do not get paid right.

        Do not mix up with the car accident liability. The car liability should be a legal matter that company should prove that you owe them.

        It is not a work safe issue as no injury. May consider a good check up to look for any injury either physical/psychological that you may have missed, and file an incident report. It could be a work safe issue that cause the accident. For instance, if you drive at work all the time, did the company provide you enough training. Was the car/car tyres were in good condition, when they allow you to drive….

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        Jnr202 on 30/11/2015 - 14:46

        @eatwell365:
        So this is the policy we were forced to sign.
        Every staff member that drives a company vehicle is required to read, understand and sign the Motor Vehicle Policy prior to driving a company vehicle. If you have not signed this document, see your supervisor immediately. You are not permitted to drive until you have read, understood and signed this document.
        Part of the Motor Vehicle Policy identifies that the staff member driving the car is responsible to pay any excess due if they are involved in an accident and are at fault or where an excess cannot be obtained from another party if the other party is at fault.
        The excess payable up to 30 June, 2014 was:

        Standard excess (everyone to pay)- $550
        If aged between 21 and 25 – standard excess plus an additional age excess $550
        If aged 21 or under – standard excess plus an additional age excess of $1100

        Due to the excessive and very costly vehicle accidents that occurred between 1 July, 2013 and 30 June, 2014, our insurance policy premium has increased dramatically, and our excess has increased dramatically.
        From 12.00am on 1 July, 2014, the excess payable for a motor vehicle accident will be:

        Standard excess (everyone to pay)- $2500
        If aged between 21 and 25 – standard excess plus an additional age excess $550
        If aged 21 or under – standard excess plus an additional age excess of $1100

        If we all work to reduce the number of accidents, we are advised that this excess may reduce to lower levels in the years to come.
        By signing below I understand and agree to the changes in excess outlined above.

        I did want to stay in this job as I hate changing jobs, I like stability. In saying that, this isn't the greatest place on earth to work and the pay is only average. I'm an unskilled workers so hard to find decent paying jobs.

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        eatwell365 on 30/11/2015 - 17:05

        +1

        @Jnr202:
        Think positive - the scenario could be worse if you/someone is injuried.
        Policy is clear and you have agreed and signed - so no help to fight or argue imo. Think how you will work with the company to resolve this - end of day you still want to work there and company has no loss as tax deductible on excess.
        My thoughts are:
        1. speak to HR/manager. ask for help. seek exception - as you are first time, not bad driver ….hope company makes an exception.
        2. if not, seek for leniency and financial hardship - low paid, family, Xmas …. deduct less for a longer period of time. Does not hurt to discuss with Fair work about policy as condition to work.
        3. if still not help, seek peer helps - perhaps staff may refuse to drive the company's vehicles.
        4. Depend on what vehicle it is. Honestly, I wouldn't, would drive my own car then claim against tax.
        5. Consider get your own insurance, alliance has insurance to waive access if you borrow/hire a car.$100+ a year. Please confirm.

        Never let anyone take away your dream. Though you are unskilled now, that does not mean anything. More successful people were not academic, you are then more willing to learn and take risks and face challenges.

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        pauper on 30/11/2015 - 21:38

        @Jnr202:

        Unfortunately, That is a similar experience I had when I rang up for help when I was in a sticky situation with work. I was just being redirected to different departments and different helplines and in the end the final option given was to get an appointment with a private lawyer :(

        I sincerely hope it all works out in your favour. It just does not sound right that you have to put your money on the line to do your job for a company.

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        eatwell365 on 30/11/2015 - 22:39

        @eatwell365:
        Check this which others may have already commented.

        If I am in that position, I would consider not to use the company vehicle or insist getting own insurance to cover access that claim back from tax (as required to secure income/job)

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        eatwell365 on 30/11/2015 - 23:03

        @eatwell365: think this type of rip off policy originated from US companies. Australian legislators should have a good look at the law. Canada on the other hand seems to have protection against such claim of damage

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  theStinge on 30/11/2015 - 12:23

  I don't have anything of value to add to the discussion I'm afraid, but I just wanted to wish you well with this.

  I personally think that this reeks, and would probably not hold up in court, but I'm guessing that the employer is banking on their employees not being able to take on the prohibitive costs with mounting a legal challenge.

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  malouphix on 30/11/2015 - 12:42

  I'm sure you generate considerately more than $2,500 for your employer a month.

  I worked for an employer who charged $2,500 for excess claims for Company vehicles, they could afford to pay it, but set it as a deterrent to staff not to have an accident. In any case if it's your first accident, you'd think they'd pick up the tab as a cost of doing business.

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  fruit on 30/11/2015 - 21:03

  Name and Shame!!!

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    Jnr202 on 30/11/2015 - 22:05

    Smarthouse fire solutions.

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      alizzan on 01/12/2015 - 01:49

      +2

      I would suggest removing this as it may affect you if you take any legal action.

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  fruit on 30/11/2015 - 21:08

  https://www.legalaid.vic.gov.au/

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    Jnr202 on 30/11/2015 - 22:04

    Tried legal aid. They don't deal with situations like this. The referred me onto a private lawyer. Private lawyer is going to cost the same amount to get an outcome anyway so its looking tough.

    I've spoken to management, they've basically said thats the amount to fix the damage, the car is drivable so theres no rush to fix it.

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