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Contractor Car Accident - Who's Responsible for Car Insurance Excess?

Discussion in 'Insurance Law Forum' started by clive, 16 June 2014.

  1. clive

    clive Member

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    Hi. Who is responsible for the car insurance excess when a contractor has a car accident (which was his fault) in the sole proprietor's motor vehicle, driving home after leaving a job?
     
  2. Tim W

    Tim W Lawyer
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    Why was a contractor driving somebody else's vehicle?
     
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  3. clive

    clive Member

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    Sometimes we take one car together to a job and share the driving, I was also I the car at the time
     
  4. John R

    John R Well-Known Member

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    Hi Clive,
    Do you have a contractor agreement (or similar) with the contractor that sets out who is responsible for expenses incurred at work, etc.?
    If not, it may be a case of coming to an informal agreement with the contractor (e.g. contractor pays or 50/50). Safe travels!
     
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  5. CathL

    CathL Well-Known Member

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    Agree with John R,
    If the insurance policy is in your name, and there's no agreement with the contractor about the contractor being liable for insurance/insurance excess, then my understanding is that you're still on the hook for paying your insurance excess when you make an insurance claim.
     
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  6. Tim W

    Tim W Lawyer
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    I agree with CathL.

    And, while we are about it, no, you cannot with-hold any part of the contractor's fee as a way of recovering the money.
     
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