Employer's liability for car damage


Questioner

Dear, For my work I regularly used and lent out my car (private property). Some time ago my car was damaged when my car was used for work purposes. I tried to submit the repair to my employer, but they indicated that I should go to the person in question or describe exactly who caused the damage. The problem with this is that I only found out later and the damage was not caused deliberately. So I cannot find this out. I believe that the employer is liable, because it happened during working hours and under the employer's responsibility and that they owe me the amount regardless of whether they get this money back from the insurance. Is that correct?

Lawyer

If the employer has agreed to the use of your car or it has happened more often that your car was used during working hours, then the employer accepts the risk in the event of damage during working hours. The employer is liable for this and must therefore compensate the damage, possibly via his insurer. For more information or further assistance, you can contact me directly and free of charge.

Lawyer

Because you indicate that you only found out later, I would like to point out, following the good advice of my colleague Mr Bijharie, that it is up to you to prove that the damage occurred during working hours. In addition, you must also be able to indicate how the damage occurred.

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