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Jo C.
Jo C., Barrister
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If two volunteers of a charity have a collision in cars in

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If two volunteers of a charity have a collision in cars in the car park of the charity and the one to blame is not insured is the charity vicariously liable ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Not unless the responsible volunteer was carrying out his duties to the charity at the relevant time. If he was acting in his personal capacity at the time then you are not liable. That can often be difficult to determine but if, for instance, he was running an errand for you then he would be within your control. If he was just leaving or attending on his own time then you would not.
You are not vicariously liable just because something happens in your car park.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The charity is a listening one and the listening takes place on the premises of which the car park is part.Say the collision is between two volunteers just going on or off duty ?

Expert:  Jo C. replied 2 years ago.
Travelling to and from work is always a difficult issue. The case law is quite random on the point. It would not usually be considered to be within the scope of their employment, unless the travel is so closely connected with the person's work that this principle cannot apply. In Smith v Stages, for example, an employee was involved in a road accident travelling back to his normal place of employment after having been working elsewhere. This was held to be within the course of his employment, as the worker was paid as a normal working day for his day of travel. Of course, I presume you were not paying this person but they were acting under your control in the course of a relationship of servant and master. If this was literally on your car park and this person was leaving or arriving for duty then probably that would be so closely connected that you may be vicariously liable. Its a moot point really because, if the accident occured further away, you would not and a court may find that gives them a discretion that could be exercised in your favour.
Jo C., Barrister
Category: Law
Satisfied Customers: 69530
Experience: Over 5 years in practice
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