Employee Totals Vehicle...

 
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Old 12-19-2005, 10:37 AM   #1
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Employee Totals Vehicle...


Ok guys, a key employee of mine who drives a company vehicle ended up totalling the van. He's ok, but the van was hit on the wheel bending the axle and making the cost for repair more than the actual vehicle is worth... totalled!

I had liability insurance so I am not worried about the other guy's car but I'm out a van.

I am upset about this accident, key word being accident, I don't want to be too hard on the employee so what do you think I should do?

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Old 12-19-2005, 10:51 AM   #2
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Re: Employee Totals Vehicle...


If it truly was an accident, it should at least be documented that it happened. In case it does become a habit or a pattern forms. There may be things going on that you have no idea about and it would be a good idea to have this written down. Hope it doesn't happen again.
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Old 12-19-2005, 11:07 AM   #3
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Re: Employee Totals Vehicle...


Man that hurts. I feel for you.
I'd have immediately sent the driver for drug screening.
In this case, the accident itself is documented by virtue of the insurance claim. I personally wouldn't spend much time on further documentation.
If you don't already do it, you might consider implementing a written vehicle use policy. It probably won't prevent an accident but it'll establish 'cause' for dismissal in the event of unauthorized use.
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Old 12-19-2005, 11:15 AM   #4
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Re: Employee Totals Vehicle...


I have a vehicle use policy and infact our last weekly saftey meeting was about winter time driving saftey.
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Old 12-19-2005, 06:59 PM   #5
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Re: Employee Totals Vehicle...


Any tickets issued? Somebody is at fault no matter if it was an accident or not. Who is at fault your guy or the other guy? Do you like the guy? Is he an asset to your company? Gas him over it because he sucks anyways, or if he's worth keeping around, it sounds like you have to eat it. Time to hook his Christmas bonus to a safe driving record for the year.

Last edited by Mike Finley; 12-19-2005 at 08:09 PM.
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Old 12-19-2005, 07:23 PM   #6
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Re: Employee Totals Vehicle...


Ouch! And here I worry about totalling my own ish!!
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Old 12-19-2005, 07:28 PM   #7
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Re: Employee Totals Vehicle...


Hire guys with thier OWN trucks-n-tools and give 'em an allowance. They tend to be more careful and cognizant that way.

As far as what already happened, - - what can you do?? Besides cause resentment. The risks of doing business.

P.S. I am not an authority on vehicles or allowances or hiring policies. Any implied expertise is only imaginary on your part and only based on random opinions on my part.
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Last edited by Tom R; 12-19-2005 at 07:30 PM.
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Old 12-19-2005, 08:41 PM   #8
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Re: Employee Totals Vehicle...


Mike legally he is at fault. There was a cop as witness to the accident and he issued my guy a ticket for blowing a red. Sheesh! Yeah he's worth keeping around, if he wasn't I wouldn't even be asking.

Tom I did hire him with his own vehicle, but it's emberrasing. I quickly bought myself a newer van and gave him my old one. I am considering forcing him to buy something nicer looking.
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Old 12-19-2005, 10:33 PM   #9
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Re: Employee Totals Vehicle...


I have a plumber friend (commercial work) that wants his guys to have their own trucks. He letters most of their trucks with his company name. If the truck is less than 10 years old, and kept clean, he pays all the operating expenses of the vehicle. They technically own it, and are responsible for the insurance.

I've had a few fender benders of my own when working for others, but I can't say I ever totalled anything. It happens, I guess. The typical scenario was go immediately for drug test, sit down for a counseling session with the boss on safe driving, sign acknowledgement of the disciplinary warning letter to go in my employee file, and go about your business. I think you do need to document this, in the unlikely event that you have to fire the guy for any reason in the future. More ammunition on your side if there's an unemployment compensation dispute or hearing.
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Old 12-19-2005, 10:49 PM   #10
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Re: Employee Totals Vehicle...


Quote:
Originally Posted by Grumpy
Mike legally he is at fault. There was a cop as witness to the accident and he issued my guy a ticket for blowing a red.
Hopefully he was rushing to the next job for you, instead of the coffee shop.

This scenario gave me a flashback as to why I went from 12 employees to 2. We tried to find a way to reprimand their faults. But found it was best to document and move on. Let by gone be by gone. The worst part is you can't it eats you up inside you can't let go. I hate that feeling. The documentation gave us grounds for firing. I don't know how you do things, but in our situation I give them my vehicles because they are the right color, with the right signage, and there equipped the way I know they can get the job done. You know employees, so if he is as good as you think he is, you'll come through this just find.

Best of luck.
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Old 12-19-2005, 11:31 PM   #11
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Re: Employee Totals Vehicle...


As long as nobody was seriously hurt, that's good, hopefully the other half did'nt have a lawyer with sue-sue on his mind, even at that your insurance should foot the bill.

Crazy as it sounds I have full coverage on everything i own, no matter how old or unused, for no more than my premiums are a year due to excessive coverage, even if I only get a few hundred back, it's better than nothing when the unexpected happens. I'm sure he feels bad enough as it is and knows it put you in a tight spot, but document it, get both yours and his signature and start looking for another rig. Hopefully the insurance company wont jock you around about getting access to the van to get your belongins out of it...been there before when a beeotch blew a stop sign and totalled my newly restored work truck...$6K in and only had liability so I gots nothing out took a week of arguing on the phone to get my stuff, and the second week her insurance finally authorized a truck for me-they wanted to give me a car LOL, but with the truck I could not use it for work yeah right, cut my truck in half and turned back into a trailer which I pulled behind their rental truck for 3 weeks till I got a new rig picked out.
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Old 12-19-2005, 11:46 PM   #12
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Re: Employee Totals Vehicle...


Tom, sorry to hear about the loss.

No physical injuries are best, no law suit.....yet. If you were here, you'd just be waiting to hear from the Law offices of Dewey, Cheatam & Howe. It's just part of being in biz.

You didn't have replacement value Ins? Rental? Crap will always happen, you need some safeguards. I had a van go down one night and was back up and running at 9AM. Enterprise, sorry Nate.
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Old 12-19-2005, 11:55 PM   #13
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Re: Employee Totals Vehicle...


Saw a flooring guy on a job once driving a Ryder truck. I sort of wondered if he might have had a traffic accident with his usual ride. He didn't look especially friendly, so I didn't bother to ask. Guess renting something is always an option if you get in a jam. I think a local rental UHaul is only 19 bucks a day.
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Old 12-20-2005, 12:49 AM   #14
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Re: Employee Totals Vehicle...


I noticed grumpy you said only liability on the van. I'm assuming thats because of the cost associated with full coverage up in glenview. Chicago and the burbs are the highest insurance rates in the state. We'll i would be happy the other guy isn't suing for whiplash or something that isn't wrong with him. I suprised a ambulance chaser didn't show up.
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Old 12-20-2005, 05:30 AM   #15
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Re: Employee Totals Vehicle...


I just lost my "Runner Truck" 1997 S-10 last friday, swung into a tree due to ice and rain. Ya it was after hours and he was on his way home, he was not hurt and when he called I went right out to pull him out of the snow bank.
Sat we went back to replace tire and bring the truck back to the shop, you know I dont know who felt worse He or me.

God he was so upset, you know just a kid 19.

Sorry fellas accidents happen, trucks are replaceable good enployees are not.

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Old 12-20-2005, 08:52 PM   #16
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Re: Employee Totals Vehicle...


I was in an accident and was issued the ticket. I carry full coverage on all my trucks. My insurance company denied the other driver any damages stating no fault. Now he is suing me personally in small claims court. I had to threaten my ins. co. with cancelling my policy, they have agreed to provide me a lawyer....hope this helps
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Old 12-21-2005, 12:34 AM   #17
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Re: Employee Totals Vehicle...


Tom, sometimes crap happens. Where I live, 60+% of the pop. is retirees, they like gold and silver cars AND forget to turn on their headlights. I almost ran over another one tonight and saw a few other potential victims.

Looking back, your guy F'd up. If he's a good employee and a bad driver, team him and give him a left seat guy.
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Old 01-23-2006, 01:25 PM   #18
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Re: Employee Totals Vehicle...


Quote:
Originally Posted by Tom R
Hire guys with thier OWN trucks-n-tools and give 'em an allowance. They tend to be more careful and cognizant that way.
The problem with that is twofold - they're paying income taxes (or should be) on that allowance, and it doesn't change your liability as an employer. It's not really relevant to this discussion, but it's something to think about.
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Old 01-23-2006, 05:37 PM   #19
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Re: Employee Totals Vehicle...


Quote:
Originally Posted by RowdyRed94
The problem with that is twofold - they're paying income taxes (or should be) on that allowance, and it doesn't change your liability as an employer. It's not really relevant to this discussion, but it's something to think about.
Hey, RowdyRed, - - welcome to the forum, - - the reason I made that suggestion is that's how several of the company's I used to work for would do it, - - and as far as I know, they still do.

Late model truck w/tools and racks, they'll give you about $360/mo. allowance (before taxes are deducted), - - and give you the going mileage rate.

It's an 'employer-expense' either way, - - but there tends to be less accidents/mis-use with workers driving their own trucks. Seems to work out better in the long run.
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Old 01-23-2006, 06:19 PM   #20
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Re: Employee Totals Vehicle...


TomR, I know of at least one company that does that; however from a business owner's point of view I feel it is foolish only because I then end up paying WC and other labor burdens on that money. It is in my better interest to simply reimburse the employee for their expenses equal to the same ammount.
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