Passenger Insurance when travelling to events?

[Lucan Unlordly]

Following on a thread the other week about staff being expected to drive to business meetings in their own vehicles.

Many of our customers are volunteer led sports and community organisations. Some have charitable status, some are set up as limited companies.
The usual format for eg., a youth football team, would be for parents or coaches to transport players to away matches piling into the first available vehicle. This practice has raised a number of questions about insurance following a couple of *minor situations.
*parents car with players on board hit in car park had no mot or insurance
* Coach transported 5 passengers in a 4 seat car

Whilst the above are clearly against the law, do the same rules applied to employed staff regarding insurance apply, or more importantly change if the club is set up as a limited company?

 

[Frank the Insurance guy]

Oooh interesting!..... Hate to say but it all depends on lots of things.

Ultimately, the onus is on the claiming party to prove negligence/fault of another party. It comes to the legal system as to which party may or may not be legally responsible.

An Insurance policy is there to step in where the policyholder is legally liable for the loss, injury or damage - it is for the claimant to prove it.

*parents car with players on board hit in car park had no mot or insurance

I would not see how the club could be held responsible for this. The injured parties would likely have a case against the parent directly.

* Coach transported 5 passengers in a 4 seat car

In the first instance this is would be covered by the Coach's car Insurance policy - although they may have issues regarding the overloading of passengers, I am sure under the Road Traffic Act the insurer has a legal duty to deal with the passengers/other parties claims. Insurers may then turn and make a claim directly to the Coach to recover their losses/claims payments.

There is a chance the club may be held responsible - I expect much will depend on what capacity the coach was transporting them. If it was on the instructions of the club, it may be held that the club are responsible. It would be for the injured parties to decide whether to pursue the club - however in my experience any lawyer would go down the Car Insurance Route as the Road Traffic Act gives them a better (and easier) chance of success against the driver (Coach).

Note - Most Insurance policies for Public Liability include something like "contingent motor liability", which provides cover where they may be dragged into a Motor Insurance related claim.

CAVEAT - I am no lawyer. The legal position on any case has lots of variables and each case is taken on its merits based on the specific circumstances. What may apply in one case, may not in another!

 

[Lucan Unlordly]

Oooh interesting!..... Hate to say but it all depends on lots of things.

Thanks for the detailed reply Frank.

In most cases I've heard of the Coach or someone in a senior position has given instruction of some degree 'you jump in that car', you come with me etc.,'

There was a major kerfuffle a couple of years back where a team would be instructed go for a run around the streets prior to training. In one instance a straggler stopped to tie his shoelace, rushed to catch up, ran into the path of a car and fortunately having rolled over the bonnet escaped with minor bruising. It transpired that the clubs insurance only covered them within the confines of their clubhouse.