Delivery Driving, Liability for at Fault Accident during Work

kermuffle on 15/08/2022 - 20:13

Hi there,

I work as a delivery driver for a retail pharmacy, and I recently had an accident while driving to make a delivery. I drive my own car to make the deliveries, and on this one occasion I scraped and damaged one of the front panels of a parked car. I am currently working there part-time, and paid minimum wage and super; I'm not considered a contractor by my employer.

My employer has advised me that the pharmacy guild has told him that I, solely, am liable, and to pay for the accident using my insurance. However, I have been advised by JobWatch and others that my driving to make deliveries is considered as acting as an agent on behalf of the pharmacy, and so my employer should be liable for any costs. He also told me that when I make a claim, not to tell my insurance that I wasn't driving for work, i.e. lie to them which IMO is fraud.

What are my rights in this case?
Also, if only I am liable, whilst driving for the pharmacy I would need to take out my own business/special car insurance, as I'm driving for work purposes. Not sure if I'd be covered by WorkCover either.

Thanks.

Education & Work

Comments

  • Muzeeb on 15/08/2022 - 20:16
    +18

    Does your car insurance company know you use your car for business purposes?

  • John Kimble on 15/08/2022 - 20:26
    +7

    Are you related to @kerfuffle?

    • kerfuffle on 15/08/2022 - 20:27
      +7

      Ha no. I would make sure I had the appropriate insurance to cover me when using my vehicle for business purposes. Nor post on multiple forums

      • kermuffle on 15/08/2022 - 20:35
        -1

        Unfortunately we are not related. I would say that I'm not driving for business purposes as I'm not a contractor, but I could be wrong.

        Sorry should have said I crossposted, am posting on r/australia too.

        • Euphemistic on 19/08/2022 - 11:20
          +2

          You are making deliveries. You are working. You are driving for business purposes. There’s no loopholes.

    • SF3 on 15/08/2022 - 21:14
      +10

      Seems like kermuffle had a kerfuffle.

      • kermuffle on 15/08/2022 - 21:18

        yeah mate i'm kind fuffled here.

      • iNeed2Pee on 16/08/2022 - 09:55

        😂😂😂😂

  • AndyC1 on 15/08/2022 - 21:05
    +10

    Sound's like OP is stuffed and will need to fight the employer to get out of this one. The employer has hired you to do deliverers and therefore make a claim against the employer and let them deal with it. Sounds like they are not going to look after you and therefore you will loose your job, but you should be able to pickup other work at the local coffee shops or at another chemist.

    Do NOT lie to the insurance company as they will deny your claim and you will end up with a bad insurance record.

    Always make sure that you are covered by insurance when using your personal car for any employer purposes.

    • kermuffle on 15/08/2022 - 21:20

      Yep that's exactly what I've been told, I shouldn't lie to insurance.

      but it seems I am indeed stuffed, I'll call VLA tmrw for kicks anyway

      Good advice, this has been a painful learning experience.

  • Awoke on 15/08/2022 - 21:12
    +2

    Boss doesn’t care coz you against the bosses organisation. You’re on your own.

    • kermuffle on 15/08/2022 - 21:21

      Yep that's pretty much it.

  • JimmyF on 15/08/2022 - 21:12
    +2

    I work as a delivery driver for a retail pharmacy, and I recently had an accident while driving to make a delivery. I drive my own car to make the deliveries,

    Oh my, I hope you took out business coverage then on your policy.

    • kermuffle on 15/08/2022 - 21:22

      Unfortunately I didn't realise… I'm new to this. Lesson learned I suppose.

  • Muzeeb on 15/08/2022 - 21:39
    +1

    Have you received a quote for the repairs to the other damaged vehicle?

    Also, every pharmacy (except chemist warehouse) in my regional town has company marked cars performing deliveries. They are literally everywhere. Does the pharmacy you work for also have company cars but denied you one?

    • kermuffle on 15/08/2022 - 21:45
      +1

      Not yet, I haven't informed my insurance yet or given my insurance details to the other car owner.

      I don't think they have a company car, from what they've told me previous drivers have used their own cars.

  • chrisn26 on 15/08/2022 - 21:48
    +9

    Employer is liable for the accident. I think your boss doesn't have insurance to covers these situations so they're giving you the shaft. I wouldn't claim my insurance and make this position clear at work. Let the third party claim against your employer. And now is a good time to look for a new (and better) job.

    • kermuffle on 15/08/2022 - 21:59

      Yep, unless my employer changes their tune I'll definitely be looking for something else.

    • trapper on 15/08/2022 - 22:19

      Let the third party claim against your employer.

      This is never going to happen though, the other guy is just going to give OP's details to his insurance company and it ends there.

      Imagine if someone hit your car and told you 'you have to claim from my employer' lol

      • chrisn26 on 15/08/2022 - 23:39

        I mean the other guy's insurer will will make a claim against employer. If the other guy doesn't have comprehensive, then it's going to a massive headache, lol.

        • trapper on 16/08/2022 - 02:16
          +3

          No they won't. They are going to go after the at fault driver.

  • trex on 15/08/2022 - 22:07
    +3

    are you paid an allowance to drive your personal vehicle? It could be monthly allowance or a $ per km based reimbursement.

    • kermuffle on 15/08/2022 - 22:16

      yes I am, it's a $ per km allowance.

      • trex on 15/08/2022 - 22:49
        +6

        The $ per km allowance is meant to reimburse you for fuel, maintenance, wear & tear, rego and insurance while using your personal vehicle.

    • Muzeeb on 15/08/2022 - 22:17
      +4

      80c per km according to Whingepool

  • thatonethere on 15/08/2022 - 22:22
    +1

    Heh funny story. As I work for home I live on a quiet street. A couple weeks ago I saw a van reverse roughly over the neighbours verge, thru their hedge and park on their driveway. Ok I thought. Amazon drivers getting pretty wild these days. Then I saw the driver sprint down the hill after the van. He forgot to put the park brake on the hill but he was lucky and the van parked itself without running I to anything. He inspected the van amazed then left.

  • AustriaBargain on 16/08/2022 - 01:46

    It might have been different if it was a company car you were driving. This is your own driving ability, in your own car, in a regular parking lot. How did you doing your job cause you to scrape this car. And if your own car was scraped while there on the job maybe you'd have an argument there. If not for your employer you wouldn't have been scraped. But in your case it's if not for your bad driving then that car wouldn't have been scraped.

    • skillet on 16/08/2022 - 09:46
      -2

      Accidents happen mate don't be nasty. That's why it's called an accident. If your so high hoarse perfect you wouldnt be on earth maybe you can go live elsewhere where everything is perfect.

    • OMGJL on 16/08/2022 - 10:31

      You seems to be a little too harsh on your choice of wording.

      I feel like OP might be on the younger side and haven't got so much experience in driving/work field yet, wither he/she is or isn't shit happens, as long as he did the right thing trying to solve the issue rather than hit&run, I don't have a problem with how good of a driver he is (maneuvering on a car park is different to driving aggressively on the street)

      Also your point isn't exactly valid either, say if a Coles employee received wrong amount of cash or forgets to scan 1 item, I don't expect him to pay it back unless it's done on a purpose or happened multiple occasion.

      • AustriaBargain on 16/08/2022 - 17:17
        -1

        In that scenario the Coles employee shouldn't pay it back. But if the Coles employee were out in their own car picking up milk for the manager from Cash and Carry, and decided to buy themselves a Coke from Woolworths, and the Woolworths employee shortchanged him, then that wouldn't be Coles problem.

  • EightImmortals on 16/08/2022 - 07:42
    +1

    Can you just pay for the repairs to the other car yourself?
    That seems the safest way out of it at this point and after it's all finalised make sure to let your insurance company know you are using the car for business.

    • OMGJL on 16/08/2022 - 10:35

      I'd call it a hassle-less way out, than a safest way out… In a world where only your wallet get hurt.

      Though point is valid, if your work reject to pay where you have to go through small claim court etc, it might not be financially benefiting.

  • tsunamisurfer on 16/08/2022 - 10:35

    He also told me that when I make a claim, not to tell my insurance that I wasn't driving for work, i.e. lie to them which IMO is fraud.

    Doesn't that double negative mean to tell the insurance that you were driving for work (commercial) purposes? Which is then the truth?

  • redforever on 16/08/2022 - 16:18

    https://www.ato.gov.au/Individuals/Income-and-deductions/Ded…

    Scroll down to the following section. At least you can claim the excess as a deduction.

    Damage to a third-party motor vehicle

  • morse on 17/08/2022 - 03:25

    This sounds like a fairly dodgy employment arrangement. Are you being paid for the costs of running the vehicle eg petrol, allowance per km? If you’re only getting minimum wage and not being reimbursed for the cost of running vehicle you’re not really making minimum wage. Sure you can claim it as a tax deduction, but this is a deduction not a reimbursement. But yes, you do have to have different insurance if driving for work - too late in this instance. at the same time your employer is liable.

    The pharmacy guild will not work in your best interest, they are there to protect your employers business interests. If you are not a union member you could contact fair work. You may also want to contact the union https://raffwu.org.au/workplaces/pharmacy/ sometimes they’ll let you join and help you immediately - sometimes not, but you can ask.

    To be honest if you pursue this with your employer there’s a decent chance you’ll either be unpopular at work or lose your job (union can also assist with this if it happens). But it also sounds like your employer is exploiting you and you might be better off in a different job - it’s a great time to look for one. If you are a delivery driver on minimum wage you should be getting some sort of allowance or reimbursement for expenses. You employer should also have appropriate insurance.

    Also definitely do not lie to your insurer - if you get caught you’ll be in a world of trouble.

    • Yola on 17/08/2022 - 06:46

      OP has said above

      yes I am, it's a $ per km allowance.

  • Awoke on 19/08/2022 - 21:15

    Any update

  • Baysew on 03/11/2022 - 08:55

    Any update at all?

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