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who gets sued?
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Author:  grandad [ Sun Jan 17, 2010 3:17 pm ]
Post subject:  who gets sued?
I have been asked a question that I can't answer. Anyone got any ideas.
The scenario is that a booking has been made for say an airport transfer. The company taking the booking, they do have an operators license, then passes the job onto another licensed PH in the same area who give the job to one of their owner drivers. Every one is in the same LA so there is no cross border issues.
Unfortunatly whilst carrying the passengers from the airport there is an accident and one of the passengers is killed.
Who will get sued and why?
Author:  cabbyman [ Sun Jan 17, 2010 7:11 pm ]
Post subject: 
Depending on cause of accident, driver (or his insurers) as he is, presumably, self-employed and the company is only acting as an agent. If the company can be shown to be negligent in their hiring of the driver, eg previous history, then they could be liable in tort. However, if there is such a situation, maybe the local authority could be implicated.

A lot more information about the circumstances is required to be sure.
Author:  Sussex [ Sun Jan 17, 2010 7:29 pm ]
Post subject:  Re: who gets sued?
grandad wrote:
Who will get sued and why?

The initial contractor get sued by the customers, who in turn can re-sue down the line.
Author:  grandad [ Sun Jan 17, 2010 8:00 pm ]
Post subject: 
cabbyman wrote:
Depending on cause of accident, driver (or his insurers) as he is, presumably, self-employed and the company is only acting as an agent. If the company can be shown to be negligent in their hiring of the driver, eg previous history, then they could be liable in tort. However, if there is such a situation, maybe the local authority could be implicated.

A lot more information about the circumstances is required to be sure.


The situation has not arisen. It was just a scenario that was brought up.
Author:  grandad [ Sun Jan 17, 2010 8:03 pm ]
Post subject:  Re: who gets sued?
Sussex wrote:
grandad wrote:
Who will get sued and why?

The initial contractor get sued by the customers, who in turn can re-sue down the line.


That was one of the answers that was offered up during the discussion.
So even though the only contact the initial contractor has with the job is to pass it on (agent) should he have public liability insurance? And would this cover this type of incident?
Author:  Sussex [ Sun Jan 17, 2010 8:53 pm ]
Post subject:  Re: who gets sued?
grandad wrote:
That was one of the answers that was offered up during the discussion.
So even though the only contact the initial contractor has with the job is to pass it on (agent) should he have public liability insurance? And would this cover this type of incident?

Public liability will cover this.

Compare it to a road accident where one car goes into another which pushes another into another etc etc.

There the first will claim against the second, who will claim against the third for the damage done to the second and the claim of the first, who in turn will claim against the forth and so on.
Author:  toots [ Mon Jan 18, 2010 11:08 am ]
Post subject: 
So what happens if the driver, for instance, doesn't pass on his insurance details to the first provider of the transport?
Author:  grandad [ Mon Jan 18, 2010 1:46 pm ]
Post subject: 
toots wrote:
So what happens if the driver, for instance, doesn't pass on his insurance details to the first provider of the transport?


He gets kneecapped! :shock:
Author:  Sussex [ Mon Jan 18, 2010 5:14 pm ]
Post subject: 
toots wrote:
So what happens if the driver, for instance, doesn't pass on his insurance details to the first provider of the transport?

As long as the registration number is kept his insurance company will find out within minutes on their database.
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