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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience:  I have been practising for 30 years.
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I was employed for 5 wks i had an accident in the company

Customer Question

I was employed for 5 wks i had an accident in the company vehicle my former employer has just sent me a claim form....hes trying to use my insurance details can he do this
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Can you explain the situation here in detail please?

Customer: replied 7 months ago.
I was employed by a company and summarily dismissed for loss of contracts wasting money and i presume damages to a vehicle...i was fired twice in 2 days i feel the way i was fired was also unfair..i drove the vehicle to his home then got fired taken to a train station and told to make my own way home he has since tried to make contact three times an ex colleague called and said i wasnt insured under the company insurance he has since sent a blank claim form for me to fill out i have allways assumed the van was covered under the company insurance.....i have not signed any liability agreement
Expert:  F E Smith replied 7 months ago.

Thank you. You actually have very few rights after five weeks employment.

Were you driving the vehicle under his instruction? Did he tell you to go and do whatever it was in the van?

Customer: replied 7 months ago.
I was engaged in my normal duties on company time it was the vehicle i was assigned to do his work
Expert:  F E Smith replied 7 months ago.

If you were acting on the company’s instructions and the vehicle is not insured for you, they stand to be prosecuted for allowing the vehicle to be used with no insurance. You might want to mention that too.

If you are insured for another vehicle and he is trying to get the blame for this past onto your insurer if you are insured to drive other vehicles, then you are under no duty to let the company have those details.

If you hear anything from the other party in the accident, simply refer them to the employer

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails.

Best wishes.

FES

Customer: replied 7 months ago.
Hello again.....he just sent me an email asking how i intend to pay 3000 in damages to his vehicle....the man just fired me a few days ago and is now chasing me for money im so stressed with this i cant even think straight....i dont have 3k sitting around and he knows it
Expert:  F E Smith replied 7 months ago.

If he wants money for the damage to the van, he is going to have to sue you for it. It will be Small Claims Court and its unlikely to be in court much before 10-12 months. As you were employed by the company and there was no agreement that you would pay for any damage to the van you damaged it on company business, it is unlikely that his claim would succeed so at this stage, I wouldn’t worry about it. Just make sure that if he does issue court proceedings against you, you deal with the paperwork. And put a question on here and the experts will assist you in any way you wish.

Tell him to stop emailing you because you have no offer to make him. If he carries on emailing you harassing you for money, refer the matter to the police because he can’t keep demanding money by harassing you.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi again my former boss has filled out an insurance claim form his insurance company has sent me a copy of it asking me to do a sketch of the incident and the details of the other party...it was a low speed bumper thing....i realise i didnt give him the other parties details before he fired me is it just her insurers getting the facts straight or is it a bit naughty of them or him to ask
Expert:  F E Smith replied 7 months ago.

I think it’s just the insurers getting the facts straight. It wouldn’t concern me.

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