How to avoid a lawyer in 5 minor cases
31 January 2019
Minor Incident Number 1 - The Parking Offense
Your fleet vehicle is said to have been involved in a major parking offense. You get the paring ticket on the table. The 'fun'is supposed to cost you € 35.00. You could name the concrete employee who drove, then he would receive the same letter. But you could also simply do nothing. Nothing? Nothing. With a parking offense, the owner pays the costs of the procedure if the driver cannot be determined. These costs are never higher than approximately 20,00 €.
Minor Incident Number 2 -The Car Hire Scrap
Your employee has returned a rental car and now there is mail from the lessor. Your employee is said to have caused a scratch. He is unaware of any damage. What to do? Firstly, without involving a lawyer, ask the car rental company to present two pieces of evidence: a) proof of personal delivery of the vehicle with documentation of its condition and b) proof of personal acceptance upon return of the rental car with documentation of its condition. It's the personal delivery that is important. For many courts it is not enough if the customer puts his signature under a mark in the form and the lessor says: "Vehicle stands on C35, and is undamaged". The same applies to the return of the vehicle: If the lessor does not personally accept the car, he takes the risk that the car suffers damage in your absence.
Minor Incident Number 3 – Protection against Damage
Your employee comes to you and reports an incident in which your fleet vehicle has received no damage, but the another party claims a, possibly small, damage. Save yourself the lawyer, because your liability insurance covers for this. But beware! Minor incident claims are often regulated by insurers without investigation, because investigating for minor damages can easily be more expensive than the regulation itself. Therefore, it is important that you provide your insurance with an pieces of evidence of why, in your opinion, the damage is not to be regulated. Provide your insurer with photos and accurate information, so the insurance can argue for the case's rejection. Your insurer is your 'lawyer' in this case, a benefit for which you have already paid for with your premium.
Minor Incident Number 4 - Accident Involving a Child
Your employee tells you about an accident with a child. Those cases are resolved quickly and easily if the child has not yet reached the age of seven: No matter how careless the child may have acted, no matter how the accident happened, the child is not liable for road accidents (the parents are liable if a violation of their parental responsibility is proven - the younger the child, the higher the parental responsibility) If above the age of seven, but younger than 10 years, then children in involved in traffic accidents are not liable for accidents involving motor vehicles (Only exception: The child has hit a parked vehicle, because in this case, the child has not been in an over-demanding situation).If the child has reached the age of 10, he or she is just as liable as an adult would be. The child is liable, not the parents. The child is, however, usually covered by the parents' liability insurance.
Minor Incident Number 5 - Accidents Caused by an Overturned Road Sign / Construction Fence
A situation that often occurs on stormy days: A fleet vehicle is damaged by a toppled mobile road sign or a construction fence. Who is liable? It is tedious to prove the liability of the traffic safety officer of the construction site, because the stronger the storm, the lower the predictability of overturning, which is necessary to prove negligence. What is to do?In the vast majority of cases, on days when construction site equipment is toppled over, there is indeed a storm. If it has partially reached strength of 8 (even if only in gusts), then your part comprehensive insurance will cover for the damage. No proof of fault is necessary.