NSW Accident in Company Vehicle

[Cyrelle]

My son who is a 3rd year apprentice carpenter had been given permission by his employer to use the company vehicle for work and private use.

He had an at fault minor accident whilst using the vehicle in a private capacity.

His employer is not willing to make a claim on the insurance policy and is asking that my son pay the total of $3,500 for the damage to the other vehicle. My son is willing to pay the excess however the employer will not accept this.

Any thoughts on what he can do? Thank you.

 

[Tim W]

That's a remarkably precise dollar figure.

I suspect that the employer either doesn't have the cash in the business to pay the excess, or, doesn't actually have insurance at all.
Your son has no obligation to do anything - except to be alert for the employer to try to unlawfully withold his pay (or part of it)

 

[Rod]

Firstly - the employer is responsible to the other party.

The follow up question is does an employee have to pay back the employer. Need to read the employment contract and relevant company policies to know.

Personal use, employee at fault - maybe your son does have to pay - but employer cannot legally unilaterally withhold wages. In the absence of any written/verbal agreement, then your son may not have to pay.

 

[Tim W]

I agree with @Rod.

Relevant factors can include....

Driving offences. No matter if it's speed/ manner dangerous, all the way down to use handset while driving,
if there's an offence on the table, then sometimes an employer's insurer can refuse to pay a claim.
Being drug or alcohol affected goes without saying.
Further, where driving offences are involved, that can also make go away
the concept of vicarious liability (where an employer can be responsible for the acts or omissions of an employee).
In situations like that, then yeah, an employer can seek to recover the money (worst case, all the money) from the worker.

(but, as Rod said, no, they don't get to just dock his wages to collect it)

If your son is not yet in his union, now is the time to join.