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grandad
PostPosted: Fri Jul 12, 2013 2:06 pm 
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If a driver is renting a car from an owner on a split bag basis and they damage the car, who is responsible for the payment of the repairs? The owner or the driver?

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wannabeeahack
PostPosted: Fri Jul 12, 2013 2:19 pm 
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grandad wrote:
If a driver is renting a car from an owner on a split bag basis and they damage the car, who is responsible for the payment of the repairs? The owner or the driver?


what damage?

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grandad
PostPosted: Fri Jul 12, 2013 5:29 pm 
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wannabeeahack wrote:
grandad wrote:
If a driver is renting a car from an owner on a split bag basis and they damage the car, who is responsible for the payment of the repairs? The owner or the driver?


what damage?

Both doors on one side of the car were damaged when the driver hit a bollard. Allegedly causing £1300 damage.

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gusmac
PostPosted: Fri Jul 12, 2013 5:39 pm 
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grandad wrote:
wannabeeahack wrote:
grandad wrote:
If a driver is renting a car from an owner on a split bag basis and they damage the car, who is responsible for the payment of the repairs? The owner or the driver?


what damage?

Both doors on one side of the car were damaged when the driver hit a bollard. Allegedly causing £1300 damage.


What does it say in the agreement between driver and owner?

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sasha
PostPosted: Fri Jul 12, 2013 5:59 pm 
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Driver. They caused they damage, they pay.

If it warrants an insurance claim then the driver pays the excess.
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wannabeeahack
PostPosted: Fri Jul 12, 2013 6:53 pm 
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it happened on his shift, its his fault, but offer him the option to repair ir, or pay whatever it costs at the body shop over 3 months if hes been a decent driver, the alternative is go via the insurance and he pays any excess

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Sussex
PostPosted: Fri Jul 12, 2013 7:23 pm 
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grandad wrote:
If a driver is renting a car from an owner on a split bag basis and they damage the car, who is responsible for the payment of the repairs? The owner or the driver?

Both.

The driver because he was driving, and the owner because he was allowing the driver to drive.

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wannabeeahack
PostPosted: Fri Jul 12, 2013 7:42 pm 
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All of this should be confirmed BEFORE a driver takes a car out

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grandad
PostPosted: Fri Jul 12, 2013 8:36 pm 
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gusmac wrote:

What does it say in the agreement between driver and owner?

Nothing at all about damage.

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grandad
PostPosted: Fri Jul 12, 2013 8:40 pm 
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sasha wrote:
Driver. They caused they damage, they pay.

If it warrants an insurance claim then the driver pays the excess.

Is this just an opinion or is this the legal position? The drivers do pay £4.20 per shift for insurance, although the owner is saying that this is for public liability insurance and not vehicle insurance. That must be very expensive public liability cover though with 3 shifts a day it could bring in £4599 per year.

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gusmac
PostPosted: Fri Jul 12, 2013 11:16 pm 
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grandad wrote:
gusmac wrote:

What does it say in the agreement between driver and owner?

Nothing at all about damage.


Well if the driver says "not my problem" and walks away, I'd say the owner is left holding 100% of an empty bag. :roll:

Should have been in the agreement. #-o

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United Taxis 11
PostPosted: Sat Jul 13, 2013 2:00 am 
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grandad wrote:
wannabeeahack wrote:
grandad wrote:
If a driver is renting a car from an owner on a split bag basis and they damage the car, who is responsible for the payment of the repairs? The owner or the driver?


what damage?

Both doors on one side of the car were damaged when the driver hit a bollard. Allegedly causing £1300 damage.

Must have been going at some speed to cause £1300 worth of damage to two doors
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Foxtrot26
PostPosted: Sat Jul 13, 2013 7:39 am 
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grandad wrote:
sasha wrote:
Driver. They caused they damage, they pay.

If it warrants an insurance claim then the driver pays the excess.

Is this just an opinion or is this the legal position? The drivers do pay £4.20 per shift for insurance, although the owner is saying that this is for public liability insurance and not vehicle insurance. That must be very expensive public liability cover though with 3 shifts a day it could bring in £4599 per year.



So the owner aka operator of the car doesn't have an insurance policy In place for the vehicle that covers public/private hire

He is either a, pulling a fast one with the driver or b, an utter cowboy who the LA shouldn't let anywhere near the trade
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grandad
PostPosted: Sat Jul 13, 2013 9:52 am 
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United Taxis 11 wrote:
grandad wrote:
Both doors on one side of the car were damaged when the driver hit a bollard. Allegedly causing £1300 damage.

Must have been going at some speed to cause £1300 worth of damage to two doors

No, it was very low speed. That is why I said "allegedly" The car was repaired by putting 2 second hand doors on.

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grandad
PostPosted: Sat Jul 13, 2013 9:56 am 
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Foxtrot26 wrote:


So the owner aka operator of the car doesn't have an insurance policy In place for the vehicle that covers public/private hire

He is either a, pulling a fast one with the driver or b, an utter cowboy who the LA shouldn't let anywhere near the trade

The insurance will cover public/private hire, but it may be that the cover is third party and not fully comp.
I think you are totally correct with part (a), and also correct with the first part of (b).

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