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

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clive

Member
16 June 2014
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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?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Why was a contractor driving somebody else's vehicle?
 

clive

Member
16 June 2014
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0
1
Sometimes we take one car together to a job and share the driving, I was also I the car at the time
 

John R

Well-Known Member
14 April 2014
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2,394
Sydney
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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CathL

Well-Known Member
19 April 2014
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Australia
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.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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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.