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work insurance.

Discussion in 'General Motorcycling Discussion' started by PoP_PiN, Jan 28, 2005.

  1. hey guys,
    sorry this isn't really bike related BUT i need some advice, as i'm being held responsible for an accident which occured during work (scooter advertising). the repairs cost 600 and the company i work for said they're take care of it etc. well 6 months down the track i'm being hunt down for $1000 ($600 + $400 extra lawyer fees) by the plaintiff's lawyers/insurance.

    i called my boss but he's like "i'll try find out (but i don't really give a shit) :evil: " and i have 21 days to respond, otherwise even MORE charges i assume now i don't know if the co. actually didn't do anything...or they did, but it's their insurance co. who are slow.

    is there anyway i can tell the courts my co. is liable to take my name off?? or should i just pay the fine myself????? :?:

  2. If you were an employee and the accident occurred in the course of performing your duties, the company may be vicariously liable for your actions in causing the accident.

    This means the plaintiff could look to the company (and its insurer) for compensation. In practice they'd look to you as well, but the insurer's got deeper pockets...

    If you were an independent contractor, you need to look at the terms of the contract between you and the company. These are likely to set out who is responsible for picking up the tab in the event of damage or injury to third parties.

    What you really need right now is a lawyer, as a lot is going to depend on the details of your situation and you need proper advice. Have you considered visiting a community legal service? Probably your best option, given the amount they're claiming.
  3. This all depends. If this 6 months later is the first you've known of the issue, then they can't charge you fee's. Was the scooter your employer's vehicle? If so, then the other party should be claiming against your employers insurance. Advise the 3rd party insurance company that all correspondence in this matter must go to your work. If it's your vehicle then that's a different kettle of fish - too late now and you probably should have followed it with your work to make sure it was being taken care of it they said they would. If your scooter, then do you have insurance on it? If so, then tell the 3rd party that all correspondence in this matter is to go to your insurance company (if you want to make a claim on it and pay the excess - probably not worth it though!). If your fault and your scooter, then probably best I think for you to wear the $600 damages (did they supply multiple quotes to you? - you can enforce them to do so!). If it's the first contact in 6 months, you could try telling them to stick $400 fee's up their ass and get it from their client. They possible not take you to court for their fee's.

    ...they try to screw you every time... i farkin hate them..

    i work in the auto parts game and deal with insurance regualarly.. i see peoples crashed up cars go to panel shops where the insurance agency makes the panel shop use second hand and non genuine parts for repair

    now if your payin your $600 or more or whatever a year i think that is bullshit

    and when you write off your car and try to get paid out by them they take a lifetime to draw the cheque whilst giving you the runaround... arrrgghh

    i hate insurance companies...

    anyway, good luck mate, dont get screwed over!
  5. Re: work insurance. (Debt Recovery)

    (NOTE; i have no legal qualifications, but i have dealt with similar on behalf of friend who didn't feel up to it)

    Heya PoP_PiN,
    first thing to do is take the letter very seriously,
    and make sure you respond to it (verbal/written) ASAP.

    sounds like the entity that sent you the letter may actually be a debt recovery agent,
    acting on behalf of the other party (or insurance company).
    (carefully check the senders details on the letter)

    If they are debt recovery agent their job is to recover as much money as possible,
    whilst saving the hassle for the other party, hence minimising the debt.
    As such, they sometimes have leeway on the amount recovered.

    If possible call and talk person who sent you the letter,
    whilst acting as adult as you can, explain your situation,
    making them aware you had no knowledge of the legal fees.

    Ask if they are willing to persue your employer.

    Also they may make you an offer to settle at just paying the $600,
    and forgetting the legal fees, if not make the offer yourself.

    Key thing in all of this is to express you willingness to work with person you are talking to,
    after all they are just doing their job,
    and if you treat them like dirt they will certainly do nothing more than just their job!
  6. thanks for all the help guys

    here's more info.
    i'm an independent contractor cos the co. made me take out an abn.
    i was riding on their scooters.
    they told me in a case of an accident their insurance would cover it but this was only a verbal agreement (don't know if that helps)
    it wasn't the 1st time they've (the plaintiff's insurance ect) has contacted me, but the 1st time i forwarded everything to the co. immediately and they said they would "take care of it"
    i keep telling them to take matters with my co. but they told me they don't care and can't do anything and it's up to me to arrange it.
    and Carver the letter i recieved was from lawyers not debt collectors.

    thanks again everyone. i think i will seek legal advise and see how that goes...i think i have a strong case against my company.