A small landscaping company owns a van that they use for travelling between job sites, & hires contract workers by the hour to do the labour. Sometimes they ask the workers to drive the van, on one such occassion one of the workers had a small accident with the van, causing damage. The owners of the company & van are choosing not to claim damages with their insurance company to avoid an increase in rate.
The owners expect the contract worker to fully pay for the repairs, which is $2000 in total. She is making $12/hour at this job. Is this fair? Who is responsible, the driver or the owner of the van & company or both?
2007-06-21 23:34:35 · 6 answers · asked by Nimbot 2 in Arts & Humanities ➔ Philosophy
Obviously the owner of the van. The fact that they aren't reporting it, is insurance fraud! they know that they shouldn't have let anyone who was or wasn't covered drive it, and the fact that they did makes them liable.
2007-06-21 23:43:48 · answer #1 · answered by tigittytigitty 3 · 0⤊ 0⤋
it's a cost of doing business. The company should report the damage and have the insurance pay for the damage. That's the point of insurance.
If your friend has not had this stipulated in an employment contract, I would request a letter from the employer stating the damage and the amount and then seek legal help and the local employment standards act.
It is very likely that the friend was not insured under the policy which is why they are trying to get the money from the friend.
I loathe business owners like the that.
2007-06-22 07:02:18 · answer #2 · answered by guru 7 · 0⤊ 0⤋
It would depend on who caused the accident. but usually the company would be responsible for the insurance on the van, and thus being responsible for insuring who ever is driving that van. if they don't insure the driver, then that is the company's fault for negligence and for not having insurance. insurance is to protect both parties if they are in an accident. if there is only liability, then the insurance would cover the damages done to the other party. if it is full coverage they wouldnt have anything to worry about if it is either party[s fault.
2007-06-22 06:40:59 · answer #3 · answered by ? 5 · 0⤊ 0⤋
The Company is responsible they are not choosing to not claim it on their insurance because they are not covering the driver like they are suppose to. The company is suppose to have insurance for anyone who drives their van even if its a contract worker.
2007-06-22 06:41:32 · answer #4 · answered by steve 2 · 0⤊ 0⤋
I say the company because it is their fault the person (I'm assuming this) is not on the insurance. If it was her fault, it still doesn't matter. It's not her van, they told her to drive it...it is the companies responsibility.
2007-06-22 06:42:44 · answer #5 · answered by Flip-Flop Crazy Girl 4 · 0⤊ 0⤋
Owner of the van...if they made driving a requirement.
2007-06-22 07:38:08 · answer #6 · answered by jpahteach 1 · 0⤊ 0⤋