How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My son was working for various promotional companies and had

Resolved Question:

My son was working for various promotional companies and had an accident in a van they had hired for him he was working on the zero hours system. He had an accident in the van was picked up by the police and because he was worried wanted a solicitor before he did a breath test he has been charged with failure to produce and the company are chasing him for £30000 as the insurance is void. He never signed a contract with this company it states on the van paperwork that it was hired by the company he just has to sign the van paperwork when he picked it up. He has never signed any contract with the company he was working for. He has no money or assets what are your thoughts ?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long he had been doing work for this company please.

Customer: Only done 2 jobs for them about 1 week
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Ben Jones :

Can I just check if the employer has suffered any losses as a result, have they actually incurred £30,000 in costs/expenses as a result?

Customer: The can hire company are saying they will chase the employer for the money
Ben Jones :

ok but has that money actually been lost or incurred in some way? How did they arrive at that figure?

Customer: Because the car hire company say due to Luke losing his license then their insurance is invalid the van is right off the value of the van us £30000 the van company are chasing the promotional company for the money and the promotional company is chasing Luke my son
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Why is the insurance void? Was he not driving on their insurance policy please?
Customer: replied 2 years ago.
So what are your thoughts in this situation ?
Expert:  Ash replied 2 years ago.
Why is the insurance void? Was he not driving on their insurance policy please?
Customer: replied 2 years ago.
Yes he was driving on their insurance
Expert:  Ash replied 2 years ago.
So if he was driving on their insurance how is he liable for the sums involved?
Are they withdrawing indemnity and if so on what basis?
Customer: replied 2 years ago.
They say because he had the accident and was picked up by the police and failed to produce that their insurance is void and so it's Luke's responsibility to pay for the value of the van
Expert:  Ash replied 2 years ago.
Yes but I do not understand why the insurance was void?
Customer: replied 2 years ago.
That is just what they are saying that insurance is void because of this?
Expert:  Ash replied 2 years ago.
Because of the accident?
Customer: replied 2 years ago.
Yes and because he has been charged with failure to produce
Expert:  Ash replied 2 years ago.
Ok. Did he declare that to them at all?
Was this after the accident of before?
Customer: replied 2 years ago.
This was after the accident when the police had picked him up did you read my first question as that explained everything that happened?
Expert:  Ash replied 2 years ago.
Ok - so they only voided the insurance after the accident because he had failed to produce. What had he failed to produce, a breath sample?
If so, why?
Customer: replied 2 years ago.
Yes because he had some cans of beer in the van to have when he got home he had driven from Exeter to Lincolnshire was almost home when he has the accident a car cut him up so rather than going into the back if him he turned and crashed into the barrier . He rang his friend who is a mechanic who said he would pick him up and get the recovery van out next day. His friend was going to be about an hour so stupidly he sat on the side if the road with a cigarette was very shaken and drank 3 of the cans the police came and breath tested him at the side of the road his reading was 70 so they took him to police station he was shaken and scared and said he didn't want to take another without seeing a duty solicitor
Expert:  Ash replied 2 years ago.
So he didn't give a sample.
Why not, just because he wanted to see a Solicitor?
So let me just get this clear. He had a crash and then drank 3 cans of beer?
Customer: replied 2 years ago.
Yes
Expert:  Ash replied 2 years ago.
Why on earth did he drink 3 cans after an accident? It must have been obvious the Police would want to breathalise him? Its a matter of standard procedure
Customer: replied 2 years ago.
I know that and u you that but that is what the idiot did but he is my idiot and I love him
Expert:  Ash replied 2 years ago.
Was he ever charged by the Police?
If so did he plead guilty?
Customer: replied 2 years ago.
Yes on both counts
Expert:  Ash replied 2 years ago.
Its bad news I am afraid. If he failed to provide and he was convicted in Court this means he is guilty of the offence and it would appear on this basis the insurance company are refusing to provide cover.
They are able to do this under the terms of the insurance policy. Sadly this means that the driver is liable. However he was working for a company and they are vicariously liable for actions of their employee. So the employer is liable in this case.
Therefore he needs to reply back saying that he is not personally liable as he was working for a company and any claim should be directed to them. If he was not an employee but self employed doing this work, then he is personally liable.
So it will really depend on whether he was an employee or not. If he was, he is fine and covered. If he is not, then he is liable.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
He didn't have a contract with people he was working for but it was hired out to them. Also he has no assets or money ?
Expert:  Ash replied 2 years ago.
Ok - then it sounds like he may be personally liable. If there are proceedings issued me may have to declare himself bankrupt.
Alex
Customer: replied 2 years ago.
Is it best for him to declare himself bankrupt or for them to take him to court and they make him bankrupt
Expert:  Ash replied 2 years ago.
Let them do it, otherwise he has to pay the Court fee and pay the Official Receivers deposit if he does it himself.
Alex
Customer: replied 2 years ago.
So do we just let it take it's course
Expert:  Ash replied 2 years ago.
Sadly yes.
If he had not had anything to drink or not refused a sample, he could have been ok.
Can I clarify anything else for you?
Alex
Customer: replied 2 years ago.
We have spoken to a reputable local solicitor who thinks he may be able to Luke legal aid and thinks it may be worth appealing on miscarriage of justice ?
Expert:  Ash replied 2 years ago.
He can try, but the problem is this - if he refused to give a specimen the offence that cancelled the insurance is made out.
He refused to give a sample - so sadly he can't get rid of the conviction.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything else for you?
Alex
Customer: replied 2 years ago.
But he was advised to do this by another solicitor who went to court with him it wasn't what Luke really wanted to do so if we appealed what could be the best outcome
Expert:  Ash replied 2 years ago.
Did he plead guilty.
Customer: replied 2 years ago.
Yes because he was advised to
Expert:  Ash replied 2 years ago.
Ok, then you can't appeal.
If he had been convixted you could have appealed conviction and sentence. But as he pleaded guilty you can't appeal that. He must have accepted his guilt.
I am sorry, but there is nothing further you can do regarding the criminal matter
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions