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I was wondering if you could advise me on a tricky question. My employer wants me to drive a company car that I know has faulty brakes. I have asked numerous times for them to be rectified and the response from the companies mechanic is “its an old car and to brake 30 yards sooner”. This response is false due to me being a timed served mechanic myself and know the brakes need bleeding properly. If I drive the car and have a crash I’m sure it’s my fault due to negligence, but my employer states that as it’s their insurance they will be liable. Would you be able to clarify this? Any help or advice would be gratefully appreciated

Asked on 19 September 2009 by

Answered by Honest John

You are both liable. You for driving a car you know to be defective. Your employer for putting you in it, knowing it to be defective. Health and Safety will come down like a ton of bricks on your employer. The wisest thing for you to do is have the car checked at an independent garage, preferably an MoT centre before you do anything (to make sure you are right and get something in writing). Then point out to your employer that if anything happens he could be liable for over a million, and would not be insured for it because the car is fault. Also point out if he sacks you, you will sue for unfair dismissal.

Tags: company cars liability driving

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