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MatthewM8

I work part time for a local Indian takeaway. Part of my duties is to deliver takeaways to people’s houses.
Outside the shop going out to deliver a curry I reversed and damaged the car which belongs to the manager and damaged the car next to me.
They have commercial third party insurance which covers anyone over the age of 25 with $300 excess cover.
The problem is I am only 17 and not named on the policy.
They’ve known my age from the start of employment, they’ve never asked for a copy of my restricted license, which I had only held for 3 weeks and knowingly didn’t add me to the insurance.
Their policy wording is as follows:
While you are under 25 years of age, there is no cover if the insured vehicle is being driven by or is in the charge of any other person who is under the age of 25 unless that person is your partner or spouse or is named on this schedule.
Who is liable for the damage to both cars? The business, the manager or me?

Anon

Hi there,
I have found on the Employment NZ website, If an employee is using their own car for work purposes, the employer's responsibilities are the same as when the employer owns the vehicle. This is regards to the vehicle being safe and legal to drive, insured and licensed ect.
More information can be found here: https://www.employment.govt.nz/workplace-policies/work-equipment-and-clothing/vehicles/
However there have been some cases where an employer can claim that all care and responsibility was not taken by the vehicle driver, and seek damages (which can be the insurance excess amount).