Evening all, My wife has just been asking me about Wills and such and she asked about Insurance on Company Business.
I work for the NHS so we have to use our own cars and hence I am a passenger often with my manager.
Where would I stand as a passenger in regards to any accident where I was injured or Killed in regards to my Pension and Life Assurance and would this go to my family still or would the driver have to have passenger liability Insurance or whaterer it's called ??
|
As far as I am aware passenger liability has been included as standard, particularly since the time when people were encouraged to share their transport when going to work etc.
However, I stand to be corrected.
- - - - - - - - - - - - - - - - - - - - -
What\'s for you won\'t pass you by
|
As a passenger you are a third party, whether related or not.
All cover includes this as standard.
Whether the driver is covered corectly depends on the terms of the policy.
Use for work needs to be declared to be applicable.
|
|
|
|
This is an interesting subject because we to use our own cars and my insurance policy states I can use the car for company business travel.
Having said that if someone was killed/injured whilst travelling then I would think that you are still on company business so the company insurance would pay.
What makes me think this is that there are some new laws coming in to do with Corporate man slaughter and I have read that more and more companies are instructing the use of hire cars as they have better control over the road worthiness of the car when used on company business. Suggesting that if you were killed in your managers clapped out fiesta for instance then your company is liable for your safety at the time, which would be better served if you were in a modern safer car. (apologies for the bluntness of the above but I could not think of another way of typing it).
|
Insurance cover for Legal Liability for accidents to passengers is a requirement of the Road Traffic Act and as such must be covered by the drivers motor insurance. As mentioned above the policy must include use for the employers business. The employer may have contingency cover just in case the drivers policy is defective in some way.
This of course applies to to the civil liability. Corporate Manslaughter is a criminal matter and has nothing to do with Motor Insurance
|
|
There are two issues. The first is the road accident and you would claim against the driver's policy. The second is your pension insurance. I have 'death in service' cover on my pension so if I were to be killed in a car accident whilst on business (regardless of who was driving) this would be payable by my pension company to my family.
|
|
Death in Service Life Assurance provided by your employer should pay out while you are employed by them. You do not have to be at work or ' on company business' . As said it will be paid to your family,as a tax free lump sum.
|
|
Any individaul using there own car for any business purposes must have Business Use included in their policy. Usually this is added free of charge but it is notifiable. Regards Peter
|
As I believe the law stands, any organisation which requires its employees to use private cars on the company business is legally liable for any accident or death caused by lack of maintenance.
I am sure the NHS has regular inspections of its employees' cars used in such a way or has as a condition of employment that cars are maintained in a roadworthy condition...(NOT)!.
If a passenger ended up being injured as a result of the woner's ;ack of maintanece., The employer cannnot avoid its duty of care responsibilities.
(That's my understanding of the legal position.. feel free to shoot me down..)
madf
|
madf - my employers need a copy of my insurance documents which must be fully comp before they pay my mileage. One stipulation of insurance is the car is in a roadworthy condition otherwise they could refuse to pay out - there's a thread about this and a suspected dodgy tyre.
We used to have pool cars at work and an employee was pulled for having a bald tyre. I don't know the outcome re the employee, H &S issues and insurance, but we no longer have pool cars.
|
madf - my employers need a copy of my insurance documents which must be fully comp before they pay my mileage.
Not sure about the fully comp bit, but the crucial thing is they need to cover business use.
One stipulation of insurance is the car is in a roadworthy condition otherwise they could refuse to pay out - there's a thread about this and a suspected dodgy tyre.
That's only for damage to the insured vehicle though - the insurance company can't normally refuse a claim from a 3rd party.
|
Looking at it the other way, should you be in a company vehicle & the driver was using it for PERSONAL reasons, unofficially & in incident occours, I was surprised to find the correct term to be 'on an independent frolic'.
You would then need to claim against the ptentially uninsured driver.
VB
|
|
|
|
