Withholding funds

[Gaynorjane]

Hi all,
I am in need of guidance.

I am a freelance medic. An ambulance I was driving in had a minor prang, the guy driving it was deemd to be at fault (although we have seen no evidence of this) by the insurance company .

The driver is part of my company. He was very slowly reversing in a closed car park when someone, who was late for work, tried to squeeze in behind him and the ambulance hit him side on. All very slow speed no injuries.

The Company we were freelancing for took £500 off my invoice without my knowledge or permission. I have signed no contracts opr had any knowledge this would happen. After some wrangling they gave me it back but are now chasing me for it.

They have since threatened me by sending a garage estimate of £1400, told me they would sue me for £8000 , then I had a couple of emails saying it was a small contribution towards the damage, and now they are threatening debt recovery as its in their polices that we should pay the excess of the claim. They have claimed but I do know its not been paid out.

My question is; if I haven't signed anything - can they take £500

 

[Mark T Jones]

2 key questions here would be around insurance and the underlying contract.

Have you contracted your insurer?

 

[Frank the Insurance guy]

If the contract states that you have to pay the excess on any insurance claim that is your fault, then yes, you would have to pay it.

Whether this was signed or not is less relevant - if you were aware of the contract and carried out the work without signing it or challenging the wording in the contract, then it looks like you will have to pay it.

If however, you were not given any written contract and were never made aware of the contract terms, you may have something to challenge them - but you will need legal advice to check your position.

 

[Gaynorjane]

I have spoken to them but because when we work for other companies we work under their insurances - I do have my own for my own integrity and vehicles. But as a freelancer you work under the rules, policies and procedures of the company you are working for.

 

[Frank the Insurance guy]

2 key questions here would be around insurance and the underlying contract.

Have you contracted your insurer?

Insurance is not relevant here - The poster was using their client's vehicle and therefore it is insured by the client's motor policy and the claim has been made under that policy.

 

[Gaynorjane]

If the contract states that you have to pay the excess on any insurance claim that is your fault, then yes, you would have to pay it.

Whether this was signed or not is less relevant - if you were aware of the contract and carried out the work without signing it or challenging the wording in the contract, then it looks like you will have to pay it.

If however, you were not given any written contract and were never made aware of the contract terms, you may have something to challenge them - but you will need legal advice to check your position.

No, Ive never been offered a contract, I had no idea this was the case. I was taken on by them through word of mouth, Ive never had an accident so didn't know this would happen.
In fact when it happened they said , the event had highlighted some faults in their admin .

 

[Frank the Insurance guy]

No, Ive never been offered a contract, I had no idea this was the case. I was taken on by them through word of mouth, Ive never had an accident so didn't know this would happen.
In fact when it happened they said , the event had highlighted some faults in their admin .

You need some legal advice - your negligence has caused damage to their vehicle, so you may be liable for any "uninsured costs incurred" such as the policy excess.

Check your own Insurance policies, as they may include free legal helpline/advice which can give you a legal opinion on this.

 

[Gaynorjane]

Thats a good idea thanks.. its mainly the fact they keep changing the reason for wanting the money. I know they have no intention of mending the ambulance

 

[Frank the Insurance guy]

I know they have no intention of mending the ambulance

They cannot usually make a claim against you unless they have incurred the cost - eg. they can provide a receipt to confirm they have paid the policy excess.

They can initiate a claim etc, but you will not be liable to pay until you have received the invoice/evidence that they have incurred the costs.

 

[Gaynorjane]

They cannot usually make a claim against you unless they have incurred the cost - eg. they can provide a receipt to confirm they have paid the policy excess.

They can initiate a claim etc, but you will not be liable to pay until you have received the invoice/evidence that they have incurred the costs.

Thats really interesting because it was only after I kept insisting I should have a recepit for my money they had taken that they gave me it back. Now they just send quickbooks invoices.. they've done it to another member of staff for a vehice he wasn't even driving

 

[WaveJumper]

I would certainly want to see some proof that these people have paid the excess amount of £500 if this is what they are chasing you for, shouldn't be difficult for them to come up with it.

Personally I think if I was driving around in someone else's vehicles in the line of work I would want to see a copy of the insurance policy to know I was covered. If as you mentioned they are not repairing the vehicle in question, was it actual insured ?

 

[fisicx]

The driver is part of my company. He was very slowly reversing in a closed car park when someone, who was late for work, tried to squeeze in behind him and the ambulance hit him side on. All very slow speed no injuries.

The ambulance driver would normally be at fault. If reversing and unable to see they should have had a banksman.

That being said, any claims for excess are made by the insurer to the policy holder. The driver (or your company) is not obliged to cover this cost unless it's written into the contract. But you say there is no contract.

 

[Gaynorjane]

The ambulance driver would normally be at fault. If reversing and unable to see they should have had a banksman.

That being said, any claims for excess are made by the insurer to the policy holder. The driver (or your company) is not obliged to cover this cost unless it's written into the contract. But you say there is no contract.

Apparently there is one but I have never seen it

 

[fisicx]

Apparently there is one but I have never seen it

Then ask to see it. And the insurance policy.

 

[JEREMY HAWKE]

Our employed drivers are not liable for paying any insurance payments or other damage /losses

Other companies that use self employed drivers make them liable for excess and damage and this is standard across the transport industry and I dont understand why people even get involved with these types of schemes

 

[Gaynorjane]

Then ask to see it. And the insurance policy.

I have a few times

 

[Gyumri]

They can initiate a claim etc, but you will not be liable to pay until you have received the invoice/evidence that they have incurred the costs.

The OP first needs to verify the basis upon which he was given use of the vehicle and who is to shoulder any claims in the event of an accident.

It is possible that the OP would have agreed to pay the excess of £500 if he had been told about the term from the outset, but it can't be assumed nor can it be an implied term if no terms were even discussed.

If the client is happy to lend out his vehicles then it is for the client to spell out the financial consequences of an accident.