So a couple of months ago I jumped the pin and damaged the rear lights on a unit. The agency I was working for said don’t worry it happens etc. Anyway I’ve subsequently left them and found anew job. Now the agency I wAs working for said they have a bill for £2k and that I am liable for the damage done
Any advice ?
Tell them to go away - if the keep going invite them to instigate legal action against the none trading Ltd company you used to work for which has no assets.
Let’s assume they did go to court… you could not turn up and they’d win. You then simply close the company down. No comeback to you or your credit file.
It’s outrageous they expect you to insure the vehicles. Companies have a real cheek passing the bill - I bet the agency sold them an insurance product - and are now trying to get you to pay up rather than them fulfilling their side of the bargain.
You probably did sign something when you joined the agency. They give you so much paperwork that you don’t bother to read it all. However the liability lies with the Ltd company not you. And the debt dies with the Ltd company and not you as well. You will get some abuse on here for daring to be an agency driver who both made a mistake and also was Ltd. But the Ltd will help you here.
Which agency is this? Name and shame them if they are trying to pull dirty tricks like this. They should have insurance if they enter into a contract to pay damage and shouldn’t palm it off on the driver.
Stinka:
So a couple of months ago I jumped the pin and damaged the rear lights on a unit. The agency I was working for said don’t worry it happens etc. Anyway I’ve subsequently left them and found anew job. Now the agency I wAs working for said they have a bill for £2k and that I am liable for the damage doneAny advice ?
What was in your terms of business about your liability for damage that you got them to sign?
If you didn’t have any or didn’t have one in that said you’re not liable they’re well within their rights to claim against your company. It will be a claim against your Limited Company so you just forward it to the insurance company you used for your liability insurance. You aren’t personally liable for it so they can’t come after you in your own name, only your company.
I’m confused because they knocked me 50p per hour from my rate, this was according to them for drivers negligence insurance… so why if I had thAt via themselves are they now saying I’m liable for the damage
Conor:
Stinka:
So a couple of months ago I jumped the pin and damaged the rear lights on a unit. The agency I was working for said don’t worry it happens etc. Anyway I’ve subsequently left them and found anew job. Now the agency I wAs working for said they have a bill for £2k and that I am liable for the damage doneAny advice ?
What was in your terms of business about your liability for damage that you got them to sign?
If you didn’t have any or didn’t have one in that said you’re not liable they’re well within their rights to claim against your company. It will be a claim against your Limited Company so you just forward it to the insurance company you used for your liability insurance. You aren’t personally liable for it so they can’t come after you in your own name, only your company.
This ^. Just forward your liability insurance co details to them and forget about it.
Stinka:
I’m confused because they knocked me 50p per hour from my rate, this was according to them for drivers negligence insurance… so why if I had thAt via themselves are they now saying I’m liable for the damage
They knocked you. And they charged the company. Double billing for the same thing. And when it comes time to pay… they don’t wanna stick their hand in their pocket.
Seriously… just tell them to do one. And tell us which load of clowns you were working for. You are well rid of them mate.
Sorry…but a set of rear lights dont come to £2000…if forced to pay, offer to do it yourself…but as you say you are charged for insurance for mishaps…refer them to that…
Lets look at it from the lorry owners point of view :
He has invested £10,000 ` s in a unit and trailer.
He is down 1 driver so goes to the agency who promise him a great driver etc etc.
You have told the agency you are a PROFESSIONAL driver and can do the job.
You went under the pin ( no excuse for doing this ) and lets say you went all the way and hit the legs ( assumes you didnt hit the cab wind deflectors on the trailer headboard ? ) smashed the lights, bent all the light holding brackets and maybe bent the mudguards / rainflaps ?
The owner is faced with a bill of £2000 which may include VAT , collection and return of the truck and rental of a replacemet. He is holding an insurance policy with £500 - £1000 excess and doesnt want to inform his insurers of a potential claim as it will affect his renewal price.
As a Limited Company offering a service for an enhanced price over a PAYE driver of course you are liable. The extra hourly rate of , say , £2 over PAYE is to pay for such things as pension / holiday / sickness / professional insurances / accountancy and admin.
At best it is a matter for you and the agency to negotiate between you and both chip in, and or , use the agency and your insurers 50 / 50.
Be thankful it wasn’t a tanker, fifth wheel misses then dents belly of tank, possible new section of barrel required, over £10k by the time its fixed painted and pressure certified around 6 weeks later.
dodged600:
As a Limited Company offering a service for an enhanced price over a PAYE driver of course you are liable.
Not automatically. It depends on what you had in your terms of business you get your clients (agency/haulier) to sign. In mine it had a clause saying I was not liable for any damages or losses that occurred due to the actions of me or my employees and that it was the customer’s responsibility to ensure I was insured under their policies.
If that had happened to me and the agency sent a letter I’d just reply and point out the clause of the terms they signed which said I wasn’t liable and wished them a nice day.
What is the address of said ltd company? See it on telly all the time… prove it doesn’t belong to the limited company or we’re taking it away…?!
Steve-o:
What is the address of said ltd company? See it on telly all the time… prove it doesn’t belong to the limited company or we’re taking it away…?!
Steve-o:
What is the address of said ltd company? See it on telly all the time… prove it doesn’t belong to the limited company or we’re taking it away…?!
‘Sorry mate not interested in playing silly buggers. If you are going to take stuff crack on I’ll sort it out via an interpleader claim. Let your client know what costs are like. Have a fantastic day”.
Let’s assume they are stupid enough to then take stuff. The company who wanted 2 grand now have to prove on the balance of probabilities that the stuff was owned by the limited company… or they pay fees and compensation. Lawyers fees alone would be more than 2k - but the transport company does have assets…
Of course if the limited company was already dissolved it couldn’t have a county court order issued against it.
dodged600:
As a Limited Company offering a service for an enhanced price over a PAYE driver of course you are liable.
That’s nonsense. There is no additional rate paid for Ltd - it simply rolls up holiday pay and other working rights. And moreover, you certainly aren’t being paid to take business risk. It should act as a warning to those engaging themselves as Ltd drivers, but ultimately lets not pretend it is anything other than a tax fiddle and an evasion of workers’ rights.
If the company wants “professional drivers” at the drop of a hat, then they have to pay the going rate for real self-employed professionals with established businesses and known reputations (usually in other industries costing at least three times the hourly rate of an employed worker), and/or provide induction/training on the equipment.
Rjan:
dodged600:
As a Limited Company offering a service for an enhanced price over a PAYE driver of course you are liable.That’s nonsense. There is no additional rate paid for Ltd - it simply rolls up holiday pay and other working rights. And moreover, you certainly aren’t being paid to take business risk. It should act as a warning to those engaging themselves as Ltd drivers, but ultimately lets not pretend it is anything other than a tax fiddle and an evasion of workers’ rights.
This. When I was driving as a self employed driver, proper self employed not going through an agency, my hourly rate I charged was a hell of a lot more than an extra quid or two an hour over PAYE rates.
truckyboy:
Sorry…but a set of rear lights dont come to £2000…if forced to pay, offer to do it yourself…but as you say you are charged for insurance for mishaps…refer them to that…
Factor in a day off the road loss of earnings that’s if the repairer could do the job the same day getting the truck to and from repairer or poss call out can soon add up
Stinka:
I’m confused because they knocked me 50p per hour from my rate, this was according to them for drivers negligence insurance… so why if I had thAt via themselves are they now saying I’m liable for the damage
Surely it can only mean client uninsured losses insurance IE excess etc.If not what’s the point of the owner’s vehicle insurance assuming it’s not just 3rd party fire and theft cover.
Meanwhile put what you’ve written there in writing to the claimant and if they still want to go forward after that take it to the police as a potential fraudulent claim against you.
Progress report:
Absolutely ■■ all has happened
Basically they were threatening me that they would pursue the claim if I left their agency 
kind of an ill thought out plan to make me reconsider leaving
Absolute tossers tbh.