3 says that the person “may” be liable for any damage to the van when driving. It doesn’t say that you definitely are.
What they have cleverly done is said that any damage arising from accidents “may” be deducted from the final salary and that does give them the right to do so.
The gap between the write off value of the vehicle and the outstanding finance is extremely common and that’s why you can by “Gap Insurance”.
I’m sorry to say that if it wasn’t for the fact that this is the gap between the outstanding finance (your choice not the drivers) and the money received from the vehicle, then you would be entitled to deduct any shortfall.
However the finance was your choice, not the drivers and he shouldn’t be held liable for those costs. On top of that, you could have insured for that.
I’m sorry, I know it’s not the answer you wanted.
Do remember that I can only give you my opinion.
Please note that my answer is based strictly on the information that you have given me. If you have not given me all the information, then my answer may be incomplete or wrong.
Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.
Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.
If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.
I am glad to help.
Hopefully, I have answered your query in a way that is simple and easy to understand.
I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.
I am happy to answer any specific points arising from this.
Please be aware that my answer is based strictly upon the information you have given me.
If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.
I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.
You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.