Need help on insurance !

[BenTong]

All company assets including commercial vehicles should have being covered. So the supervisor pulling a fast one on whether it is insured or not

 

Since TS caused the problem.. company got a few options. Amongst them :

 

(1) claim from TS full amount of damages

(2) claim from insurance and then claim excess from TS

 

Think the company doing (1) coz I suspect TS may not have lorry license..

[Jman888]

were you working on behalf of company at the time of accident?

 

If yes, just ask the person claim from company.. they should have insurance for it.... if they do not have, likely they will still have to pay on your behalf to avoid repercussions....

 

and you can start look for new part time job liao....

 

 

and hopefully his accumulated pay is less than $3000    

[Little_prince]

Even if so.

 

It's arguable that the company still holds the liability

 

1. The company hired someone unfit to do the job ie a lorry driver without class 4 license.

 

2. The TS is performing a job on the behalf of the company under the lawful order of the supervisor.

 

Short of him illegally taking the lorry for a job ride by stealing the keys against the expressed consent of the supervisor, I cannot see how the company does not hold any liabilities in this case

[Boonroro]

Thank you all for your respond, I already wrote an email to the other company explaining my situation waiting for his reply. And will decide again on what to do. As for my own company I am just a part timer and didn't sign any contract because it just a temporary job for a month, and I have an class 3 Driving License that is almost 2 year now ! And I was driving a class 3 Lorry not exceeding 2500KG

Edited October 3, 2016 by Boonroro

[Enye]

and hopefully his accumulated pay is less than $3000    

 

tell the company

 

钱没，贱命一条要不要？

 

[Little_prince]

if not in the payroll its wrong for the company to let him drive......what happen should he get into a very serious accident?

Even if he is not under the company pay roll.

 

I think that the company is liable for the implicit tort and holds a duty of care.

[Evillusion]

Even if he is not under the company pay roll.

 

I think that the company is liable for the implicit tort and holds a duty of care.

yes....if under the instruction from the supervisor then it becomes the company's liability (need to proof he was under instruction). If not under instruction then the company should claim insurance and claim from the driver. Bus as usual when things go awry people will try to bo tai bo chi!

[Little_prince]

yes....if under the instruction from the supervisor then it becomes the company's liability (need to proof he was under instruction). If not under instruction then the company should claim insurance and claim from the driver. Bus as usual when things go awry people will try to bo tai bo chi!

If he was hired as a driver. Then it would be implied that he's under the lawful order to drive given that that's his job

[Jellandross]

Thank you all for your respond, I already wrote an email to the other company explaining my situation waiting for his reply. And will decide again on what to do. As for my own company I am just a part timer and didn't sign any contract because it just a temporary job for a month, and I have an class 3 Driving License that is almost 2 year now ! And I was driving a class 3 Lorry not exceeding 2500KG

Just remember not to sign any private settlement form presented by the other party, which will then lead them to claim from your company insurance. Your company may however withhold or deduct your pay as a form of compensation. Better seek MOM advice on the liability matter.

[Evillusion]

If he was hired as a driver. Then it would be implied that he's under the lawful order to drive given that that's his job

yes....but as we know nowadays many employers including civil service will try to add on duty that is not the original job scope. I always reminds lower division staff on this as it will be an insurance and legal issue should anything untowards happens doing that extra mile.

[Kangadrool]

Just reminded me on my recent trip to HKG. All the restaurants food servers will refuse to handle used crockeries. It's handled by another staff.

 

yes....but as we know nowadays many employers including civil service will try to add on duty that is not the original job scope. I always reminds lower division staff on this as it will be an insurance and legal issue should anything untowards happens doing that extra mile.

 

[alex976]

Hi guys, I know this is unrelated but I need help ! I am currently working part time as a Lorry driver and accidentally damage the sign of height limit in the loading bay due to negligence. My supervisor told me that I don't have insurance cover for me after my accident as I am a part timer, And the private settlement for the sign board cost around 3600SGD and I am quite lost as I am currently just a student working part time, is there any other solution for me to resolve this ? T_T

 

bulls**t!!!!

 

Part-timers or full-timers, the company is still liable for the employee.

 

For vehicles, in the first place the company is already at fault. Which employer in the right frame of mind wld let a part-timer drive a lorry ?

Also like what the other forumers say the commercial vehicle is covered under 3rd party.

 

What bloody sign board cost 3600 ? I am a contractor and have helped my clients do up so many bloody signboards. Those standard LTA height limit de 4.5m at most 300+ sgd. After installation 500 Sgd depending on the tools needed. For the smaller sizes even cheaper.

 

You are just a student. Throw the keys and walk away. There is  nth they can do to you.

[Darryn]

TS - 
Lots of good advice here, 

 

Main thing to remember - so long as you were acting "on behalf" of the company you don't have to pay personally. 

 

All liability is the problem of the company that hired you.  They also cannot deduct your pay for "honest mistake" made in the course of your normal / authorised / instructed duties. 

 

No need to be bullied here - worst to worst, just resign.  There will be other jobs out there. 

 

It would be a really good idea to get yourself down to MOM to get their advice. 

 

On top of this you can get FREE LEGAL ADVICE from the law society for this sort of issue. 

Another avenue of help would be the "Meet the People" sessions of your MP. 

 

Best of luck

 

[t0y0ta]

Hi guys, I know this is unrelated but I need help ! I am currently working part time as a Lorry driver and accidentally damage the sign of height limit in the loading bay due to negligence. My supervisor told me that I don't have insurance cover for me after my accident as I am a part timer, And the private settlement for the sign board cost around 3600SGD and I am quite lost as I am currently just a student working part time, is there any other solution for me to resolve this ? T_T

3600 for a signboard... sounds too ex also. And yes someone definitely trying to con you on the liabilities. Maybe supervisor plan to pocket the money that u pass to him

[Evillusion]

Just reminded me on my recent trip to HKG. All the restaurants food servers will refuse to handle used crockeries. It's handled by another staff.

that i think is the correct way to prevent contaminations from being spread but here in SG and most countries the waiters/ waitresses will double up to remove all used utensils and such. And sometime you will have new management staff giving away job instructions that is not in the employees' job scope. Not that people doesnt want to help but it is beyond their job scope that may have legal consequences to the employers and employees alike.

[Othello]

TS, don't worry, Just stand firm. DO NOT sign any document for this incident ......... IMO, the company is just trying to get you to foot the bill while not be loaded at next renewal. 

 

OTOH, please be careful when driving yah ...... I may understand where the company coming from even though they are ultimately responsible for any accident/incident/claim ... money hard to earn nowadays

Edited October 3, 2016 by Othello

[Kusje]

He already said it's a private settlement liao mah.

Then it's between the Company and the signboard owner.

 

The lorry's insurance wasn't claimed.

Then there are 2 options,

1) Flip table and refuse to pay anything

2) Speak nicely to all parties involved 

 

Then the solution is not to go for private settlement I guess.

All company assets including commercial vehicles should have being covered. So the supervisor pulling a fast one on whether it is insured or not

 

Since TS caused the problem.. company got a few options. Amongst them :

 

(1) claim from TS full amount of damages

(2) claim from insurance and then claim excess from TS

 

Think the company doing (1) coz I suspect TS may not have lorry license..

 

 

 

For damage or loss of goods or money. Your salary will be deducted if you damage or lose goods or money that you are responsible for. Before deducting your salary, your employer should:

• Hold an inquiry to determine if you are directly at fault.
• Not make any deductions until you have had the opportunity to explain the cause of the damage or loss.
• Not deduct more than 25% of your 1 month's salary. The deduction must be made as a one-time lump sum payment.
•  
• http://www.mom.gov.sg/employment-practices/salary/salary-deductions

 

Cannot anyhow deduct the excess from TS - there is a cap which in this case is quite negligible.

 

If TS is really driving w/o a license, he should go to jail.

All liability is the problem of the company that hired you.  They also cannot deduct your pay for "honest mistake" made in the course of your normal / authorised / instructed duties. 

 

 

See my post above. They can indeed deduct salary for "honest mistakes" but subject to a cap.

[Evillusion]

Then the solution is not to go for private settlement I guess.

 

 

 

Cannot anyhow deduct the excess from TS - there is a cap which in this case is quite negligible.

 

If TS is really driving w/o a license, he should go to jail.

 

 

See my post above. They can indeed deduct salary for "honest mistakes" but subject to a cap.

Bro...TS already say he is employed as a part time driver. He is a student with a 2 yr driving licence.