I collect data at various locations and use my own car. I am employed part time, not a contractor. Recently I found myself in a traffic jam while working, a tight space, and at very low speed damaged another car. Damage $2000+ as it was a new vehicle and a large door is to be replaced. Company not coming to the party to help with insurance or my excess, I'm facing having to claim on my own insurance with a $1000 excess. Devastated. Is there any other way I can play this?
Accident while driving for work... thoughts?
madamethrifty on 23/10/2019 - 18:57
Comments
What is your contract say?
If you need to travel and your company not providing company car then they are reimburse you with your car usage which including insurance.
Nothing in contract. Yes paid per hour and by the kilometre
This should include registration, insurance, depreciation etc. So they don't need to cover accident
As SnookeAndLose pointed out, reimbursement by km includes petrol, vehicle running costs, insurance, wear and tear.
You could try checking with your employer to see if they have a Travel Insurance policy that covers employees. If so does it cover local travel in an employee's private vehicle?
@trex: Yeah I have asked, they don't have any insurance to cover this scenario. Thanks for the suggestion though
Did you mention on your insurance that you use your car for business purposes? Might be best not to ask them for advice.
Yes I am wondering about this
Curious, were you on your phone?
No, but three other driver was interestingly
the*
Do you have the driver on his phone on your dash cam?
So you where not looking in front of you?
$1000 is on the small side to rock the boat at work. It's also a nice size lesson to drive carefully. If someone else pays, your driving might get worse.
Why would your company pay for your excess? I know you were doing your job while driving, but if its not in your contract, you got no hope IMO
Nothing in contract. Yes paid per hour and by the kilometre
your problem, not theirs
Well aren't you a treasure. Just to clarify to anyone reading, I am wanting to know my rights in this situation, not how to weasle my way out of my responsibilities. Never been in this situation before and have a perfect driving record of 25+ years.
No skimmed the side of their van actually.
It really depends on what’s in your contract. If it’s silent on the issue and it’s your own car, you’re probably going to be up for the damages.
However check with your accountant if you can claim a tax deduction on the excess
https://www.ato.gov.au/individuals/income-and-deductions/ded…
Thanks heaps for this link. Will def follow up at tax time. Cheers
Company not coming to the party to help with insurance or my excess, I'm facing having to claim on my own insurance with a $1000 excess. Devastated. Is there any other way I can play this?
You are the driver, you're responsible. Your car, your insurance, you driving - everything points to you. The fact that you were paid to drive is irrelevant unless there was some agreement that insurance is covered by your employer. It's likely that your per km rate already takes into account things like depreciation, wear and tear, damage…etc. including you hitting someone else.
Basically the company is explicitly paying you for the use of your vehicle through the allowances. Unless you can find some evidence/statements to the contrary it will be assumed that this payment covers ALL costs of operating the vehicle, including any damage done to it.
If you are using a vechile for business purposes regularly you should have personal and business insurance to avoid being out of pocket. Also as stated previously you have accepted a rate per km with the job, so you won’t be entitled to more (not a car allowance situation). You can claim maintenance and repairs as a tax deduction but I would go through a tax agent to do this.
Last resort you should be able to claim it off next year’s tax return
pay up son
I see where everyone's coming from, I refuse to use my own car without my employer covering everything but sometimes you might not c.c e on a strong bargaining place.
I suggest talking to legal aid or your t States equivalent
1. In case there's something no ones mentioned you can claim send issues around your registration and insurance, being taken out to include business use
2. Getting an exact legal opinion in your contract as you may want to change the wording when it's renewed. If the accident wasnt your fault I think youd have more standing but…particularly as
3 what would they do if you were injured in that accident? You should be covered as you are "at work". Might not be applicable now but you could turn this annoying $1000 excess in to a, won't get caught out in any w way in future momentThis is why you shouldn't drive your personal vehicle for work unless all the details have been addressed prior. It needs to be part of a well written private motor vehicle use policy/contract.
What happens if you don't have insurance?
What if you have 3rd party insurance?In this case it sounds like the employers position is that you have been paid in full for the risk as part of the per km rate.
Paid by the hour… out of this income is ALL your expenses. I guess now you realise your hourly wage is possibly $5 per hour, if that.
You could start a fund raiser.
be careful, your insurer could walk away from approving a claim if they are aware it was during business use and you have only declared personal use
Btw no damage to my car