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Using own vehicle and had an accident

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clitheroesnumber1postie
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Joined: 02 Apr 2008, 16:23

Using own vehicle and had an accident

Post by clitheroesnumber1postie »

Hello,

One of my colleagues was using his own vehicle(stupid I know) to deliver the mail last week and when he opened his door a car was passing and took his door completely off the hinges and landed some 50 yards down the road. He has had to go on light duties because he "jarred" his back and he is unable to deliver the mail. The question is "should he be severely reprimanded for using his own vehicle without business insurance"? In our WTL on Tuesday our manager informed us that we should get business insurance if using our own vehicle. Personally I never have used my own car to deliver the mail but surely we shouldnt be should we?
TrueBlueTerrier
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Post by TrueBlueTerrier »

I am not sure if RM can do him for it, but there may be some comeback because he is not fully fit.

However, if he was using his vehicle on business use and he was not insured then he has committed a crime. Also if he does not reveal full details and circumstances to his insurers he will be committing another offence. If he does then the insurance will not settle the claim or any loss of earnings or legal cover.

The guy may be in a pickle and I empathise with him. However, it is a good salutary lesson for everyone whose uses their cars without the correct insurance.
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axeman
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Post by axeman »

And he's also broken the law by 'opening the car door into the path of an oncoming vehicle' not sure of the offence code but it most certainly is unlawful.
so is liabel for the damages to the other vehicle as well !!. ' when are they going to learn ' :roll:
Night Tonic
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Post by Night Tonic »

And if he doesn't have business insurance, he won't be covered on his own insurance at all if both sides get involved. Chances are that during the claim process that will surface very quickly. Can easily become massively expensive.
brothermagrew
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Post by brothermagrew »

His car doors fecked, his backs fecked, his own car insurance is now probably fecked, what a total numpty I like other CWU comrades have for ever and a day tried to get CWU brothers of his ilk to see sense and NOT USE their private cars on delivery and like my colleague has already said but it is worth repeating the message again WHEN WILL THEY EVER LEARN.

Only good thing was that nobody was fataly injured.
postdoom
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Post by postdoom »

My opinion is that using private cars is widespread and management are willing to allow it...that is until an incident like this occurs. It is likely that the manager here and previous managers knew that cars were being used and turned a blind eye -should there not therefore be a misconduct charge for such managers too and not just the unfortunate people who have an accident?? after all if RM think it is against the law then it should be stopped & not just ignored because its easier to pretend it doesn't happen :arrrghhh .
TrueBlueTerrier
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Post by TrueBlueTerrier »

Just a quick thought as well. If this Posties manager has not checked his documents enough could he be held liable, or perhaps be guilty of a crime as well. At least he may be subject to a HSE investigation.

The other party may be able to claim from Royal Mail as the Postman was on official duty, perhaps his car would then be classed as an official vehicle.
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Night Tonic
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Post by Night Tonic »

Not since RM sent out an official notice on private car use. This was to obviate their responsbility. You could argue over manager negligence but costs would still fall to owner of the vehicle. However you use your car, the ultimate responsibility is that of the car owner/driver.
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POSTMAN
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Post by POSTMAN »

Night Tonic wrote:Not since RM sent out an official notice on private car use. This was to obviate their responsbility. You could argue over manager negligence but costs would still fall to owner of the vehicle. However you use your car, the ultimate responsibility is that of the car owner/driver.
What notice,have you a copy by any chance.

Isn't there a check list and drivers licence check that managers have to do before they let the numptys use their cars,and a declaration to sign as well?
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Night Tonic
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Post by Night Tonic »

First part was in August last year but second bit yet to be implemented as far as I now.
brothermagrew
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Post by brothermagrew »

POSTMAN wrote:
Night Tonic wrote:Not since RM sent out an official notice on private car use. This was to obviate their responsbility. You could argue over manager negligence but costs would still fall to owner of the vehicle. However you use your car, the ultimate responsibility is that of the car owner/driver.
What notice,have you a copy by any chance.

Isn't there a check list and drivers licence check that managers have to do before they let the numptys use their cars,and a declaration to sign as well?
If anyone on this forum who can ferret out a document then it is our man Teebs - He usually comes up trumphs!
Johnny_Rad
Posts: 62
Joined: 20 Nov 2007, 20:09

Post by Johnny_Rad »

During my training I was told we had to have business insurance in place before we used our cars. About 50% of our office use their cars and I dont know one person that has this insurance, which seems like madness!! Why are the management not checking this????
dinho1
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Post by dinho1 »

no sympathy for him . keep us posted on the outcome and hopefully this will finally deter people from using there own vehicles.

GET ON THE VANS! START AT YOUR OFFICIAL TIME! WEIGH YOUR BAGS! TAKE YOUR BREAK! SAVE YOUR JOBS!!!

NUFF SAID!! :cfo :lfo
clitheroesnumber1postie
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Using own vehicle

Post by clitheroesnumber1postie »

Yes I will keep everyone informed. I have mentioned all the posts in the office but I am still unsure whether anyone listens to me but the most unbelievable aspect of it all is the postperson in question went out today in his own vehicle again having got the door reattached. :sad: And still doesnt have insurance.
DGP1
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Re: Using own vehicle

Post by DGP1 »

clitheroesnumber1postie wrote:Yes I will keep everyone informed. I have mentioned all the posts in the office but I am still unsure whether anyone listens to me but the most unbelievable aspect of it all is the postperson in question went out today in his own vehicle again having got the door reattached. :sad: And still doesnt have insurance.
You could always contact the police if he's driving without insurance because they'll soon have the car off him :hmmmm
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