Alleged lorry accident

[Foxybear]

Hi All, I hope everyone is keeping safe and well?

I wonder if anyone might have some advice on situation, that I am stumped on! I am an accountant, so this sort of law, is not my realm.

A friend drives Class 1 for a national firm. A few months ago, he walked into work and was told someone had called in and said he damaged their wall. He knew nothing of this, and that was the last he heard of it.

Last night, a police officer calls him to ask a few questions - which he had expected to happen months ago. After telling the officer he had no knowledge of hitting anything, the officer told him that his firm wouldn't pay for the damage, and so he had to - about £1000. The officer suggested this be through his own car insurance, or out of his own pocket. He wanted my friend to go to all the way over to the Yorkshire police station, to discuss it further. (a good hour drive).

I find this highly irregular... am I behind the times? I would have expected that, if anything, his firm would pay out and they would be the ones to take back any money, should that be appropriate. Or, perhaps a solicitor letter for a civil claim would land on his doorstep (assuming there is scope for that?). Certainly not the police telling him to pay.

I have advised him, in the first instance, to ask for all the officer's detail, and to request the officer put the situation in writing, with evidence of damage, proof it was him, and a copy of any invoices... and I advised him not to give out his address - the officer should know it. I've also told him to get in touch with his firm's head office to find out more, as no one has spoken to him about this.

ACAS told me this wouldn't be an employer/employee issue.

I just wondered if anyone had any knowledge of these situations? Why are the police asking my friend to pay for the damage? Shouldn't this be a civil court issue - if indeed the homeowner can prove my friend has done any damage? I am surprised his work haven't said anything - not even if there was any damage to the trailer he would have been transporting that day.

Any advice is greatly appreciated. This is a genuine friend situation, and I'd like to help as he isn't very good at this sort of thing. It might be that he needs a solicitor, I am just trying to get ahead of what he can do, at this stage.

[des8]

Firstly your friend must not admit to the incident or causing damage.
Secondly he should not pay
Thirdly he should keep his employer (who presumably arranges the insurance) fully advised of the situation and request confirmation that they will deal with the matter and if necessary keep the insurers informed.

If he knows the name of the insurance company he could advise his employers that he intends to notify the insurers himself in any case.
This will be a third party claim and as such the insurance will not be subject to an excess.
His contract of employment should not carry any terms which would make him liable for an excess on third party claims, as that type of liability has to be completely insured from the ground up.

I suspect plod was involved by the third party who has become tired of waiting for payment of his claim.
Plod obviously knows nothing about insurance ..... why would his car insurers pay up when he was allegedly driving a lorry??????
If he is compelled to attend a police interview he should not go alone, but be accompanied by a solicitor, either his own or the duty solicitor (free)

[Foxybear]

Thanks so much for your reply, Des8. Really appreciate your time (and the nice welcome!)

[ostell]

Why are the police being involved in relation to insurance? They should not be involved in non criminal acts. I wonder if this as a friend of a friend of a friend trying tomhelp out.

Ask for full details of the alleged event, date time etc.