Criminal damage to public servant's car in course of work. Who pays?

bisset

Registered User
Messages
10
I am looking for advice for a friend. This is the situation.

My friend works for the public service and uses his car in the course of his work.

Whilst doing his work he was verbally assaulted, threatened and his car was damaged by an individual who was unhappy with the public organisation.

The guards were called and the matter is being pursued. There may be charges and a criminal case. This will probalby take months to come to court. My friend needs to fix his car. The public sector organisiation are refussing to pay for his repairs. Where can he go. How can he appeal this decsion?

Is there any legisaltion that covers the matter or does it come under common law.

Organisation has a Dignity at Work policy.
 
Presumably your friend has insurance and has also informed his insurance company that he uses the vehicle for work purposes. He should claim from his own insurance and then pursue the matter with his employers and take a civil case also.
 
If it's his choice to use his car for work, then the problem would be his.
 
He will probably have to pay an excess if he claims from his insurance and it may affect his no claims bonus. It is debatable whether it is his choice to use his car as he would not be able to do the job otherwise.
 
Some public service employers require an indemnity letter from the employee's insurance company before paying travel expenses. My understanding is that this prevents third parties from making a claim against the employer in the event of an accident. Does this also prevent the employee from claiming against the employer in cases such as the OP has outlined?
 
... Does this also prevent the employee from claiming against the employer in cases such as the OP has outlined?
Absolutely. The PS employer will ask for a signed letter of indemnity from the employee and a copy of the current insurance certificate confirming that the employee is covered to use his/her car for business travel.

The employer will seek indemnity for accidents, damage, breakdowns, criminal damage, parking fines, speeding tickets as well as repairs and maintenance, pretty much anything car-related.

I have signed a few of these as a temporary contracted employee to various parts of the PS over the years.

As suggested earlier it is open to the employee to initiate a civil case for costs once the criminal matters are dealt with.