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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have been driving for a auto dealer on a self employed basis.

Resolved Question:

I have been driving for a auto dealer on a self employed basis. The other month I had the misfortune to run into the back a stationary vehicle. No personal injuries incurred just damage to vehicles. The owner is staing that I have to pay him the excess of £250, which I am prepared to do, but also wants £250 on the cash he lost on the sale. No contract was drawn up at time of employment. Am I liable to pay him these costs?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

When you say owner do you mean the person who employs you on a self employed basis?

Customer:

yes

taratill :

are you still working with him? Had he told you that you could be liable for losses in the event of an accident?

Customer:

I am still on his books but will not be working for him anymore. He informed me following the accident that I would be liable for losses and access.

taratill :

Ok thanks has he attempted to deduct these sums from your invoices or is he now asking for payment?

Customer:

I am submitting my invoices for July & August which is £267.62 and will inform him that he can retain that but I am not prepared to pay £250.00 for loss on the sale.

taratill :

Ok thanks, ***** ***** is something in writing prior to the event which gives the contractual right to reclaim this sum of money then it is hard to see how you can be sued for the losses that are suffered. This is particularly because there should be insurance in place to cover this loss. You can argue that it amounts to an unlawful deduction from wages for him to deduct the excess as well if you wish. The exception to this may be if he can some how prove you have been reckless or negligent in the way that you have driven the vehicle in which case he may have a claim in tortious liability but I would think that this is very unlikely. Particularly if you can demonstrate you were not given any/ or adequate training on how to drive the vehicle.

taratill :

If you have any further questions about this please do ask.

Customer:

as I am willing to pay the insurance access of £250.00 that would not then in accordance to your advice above I should not have to pay him for the loss of the sale?

taratill :

Correct. You can tell him you have no legal obligation to pay the excess either but you are doing so as a good will gesture.

Customer:

thank you very much for your help

Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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