Employer's liability for car damage

Questioner

I do not have a company car. For my work I have to use my own car for some activities, now I have caused damage while carrying out my work due to my fault. I have fully comprehensive insurance but still want to have the damage compensated by my employer. Can I hold them liable for this?

Lawyer

Dear questioner, Employers are liable for all damage caused by their employees during the performance of their duties. This main rule also applies to damage to cars, whether they are leased or owned by the employer or the employee. Different rules apply to commuting; in that case, the employee is in principle liable. But even then, the actual circumstances determine in each case who is ultimately liable. And who must pay. Your employer will only be exempt from liability if it can be proven that you deliberately caused the accident or were deliberately reckless. If there was no question of commuting or deliberate recklessness, you can successfully hold your employer liable. Good luck!

Lawyer

Following the advice of my colleague Mrs Smit, I would like to point out that you are obliged to keep the damage as limited as possible. If the damage is lower when you report the damage to your insurer, you are obliged to do so. The employer must then reimburse you for the deductible and any loss of bonus/malus discount.