Hi,
We employ a team of carers privately in our home, using direct payments.
Can anyone tell me, if a carer should have an accident (from backing into a wheelie bin to crashing van) in our Motability vehicle which is insured for all of them to use, who is liable to pay the excess?
Likewise, if a carer breaks expensive equipment or household things, should they be expected to replace? What if they keep breaking things?
We are existing on the poverty line, on benefits, so I find it hard when carers don’t take care - most of them do, of course, or we wouldn’t employ them, but we always get the odd careless one. And if someone does back into a wheelie bin, how can I afford the £75 excess for damaged headlights etc myself?
I can see both sides of this, so not sure what to tell the carers officially, and feel I should make it clear before we have any more unfortunate events…
thanks for any advice,
Jane
Hi Jane.
If you " Employ " carers , said relationship is one of employer / employee staus.
Contract of employment … nothing specified in that document as to who is liable for what … any indemnities ?
Any business insurance which covers potential costs ?
Short of that , one for the CAB to advise on :
https://www.citizensadvice.org.uk/
Could be a little more complicated if the employees seek guidance from their own trade union down the line ?
If you employ these people privately, then I’m afraid it’s up to you to make sure that you have Employer’s Liability Insurance. This should have been explained to you when you started having Direct Payments.
We do have insurance. However, my question is about the excess. Who should pay the £70 excess charge?
I understand these is no clear cut answer to this, but would welcome other opinions. Do I have to pay myself or should I expect carer to contribute? Given that we are on the breadline ourselves, and probably worse off than the carers…
Depends on the terms of the Employment contract and / or insurance policy ( Covering damage caused by employees … insurance
company will be happy so long as someone picks up the tab for the excess. )
Be a little odd if the employees are demned liable if they are not parties to the policy ?
If silent , the word NEGOTIATION springs to mind … ?