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NSW Employment Law - Is Son Responsible for Car Insurance Excess?

Discussion in 'Employment Law Forum' started by Phil parry, 9 December 2015.

  1. Phil parry

    Phil parry Member

    9 December 2015
    Likes Received:
    Hoping for a little help...

    My son, working as an apprentice, was required to drive a work vehicle in the execution of his duties. He has had 2 minor accidents over the past 12 months that were both at fault accidents. He has since left the employer and is working for another firm.

    His old employer, their car insurance company and a debt collectors are now chasing him for the excess of $2900.

    Is he responsible for the excess on a vehicle he doesn't own or insure? Is he still responsible after he has left the company and gone to another employer under Employment Law?
  2. Rod

    Rod Well-Known Member

    27 May 2014
    Likes Received:
    Moving employer doesn't change liability.

    Your son may be responsible to pay if he was at fault (you say he was) and his employment contract doesn't limit liability and his employer never forgave the damages.

    If the employer said he forgave the damages while your son was still working there, preferably in writing, then your son doesn't owe anything.

    If your son does owe the money, the next step is to arrange a payment plan your son can afford.

    While the amount being requested is a lot of money for an apprentice, your son also needs to realise he is responsible for his actions. It seems unfair that an employer should be out of pocket because your son drives negligently. This may be one of life's expensive lessons. Hopefully your son was not injured in these accidents.
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