Am I being treated Fairly? North Dakota

[FrustratedND]

I work for a company in ND that requires us to transport residents from time to time to various things.

I got charged with a DUI last year and since then have been kicked off my companys insurance for the fleet vehicles.

I since asked why I am not allowed to transport anymore, the company's HR department and Admin told me that it is because ND don't allow me to transport residents with a bad driving record. I did look it up and found that ND actually does let me transport as long as I carry a valid drivers license according to there licensing agreement with the state. I showed that to HR department and the Admin. they then told me I was not covered by there insurance company. I then asked to pay the difference for the coverage since I am a higher risk and I did let them know that I am insurable, just a higher risk. They instantly told me that it is not possible due to the insurance company and it has nothing to do with them. Which I don't think they even asked the insurance company.

Next I asked to use my own personal vehicle to transport residents, since we are allowed to do this. In our policies it states that if we do use our own vehicle we are solely responsible along with our insurance company for anything that shall happen while transporting. This is fine with me. They came back and told me it is because there insurance don't cover me once again. I did tell them it never did cover me so again why can't I use my personal. I did get into a accident about 2 years ago with residents with me, and at that time I was able to drive out there. The company did not want anything to do with the accident nor did they cover me for it. I was told at this time that since I took my own vehicle they are not responsible. Well they came back and said it is because my vehicle is not checked out every month to ensure it's safety, I offered to have this done. I would also like to state that no one else needs to have there vehicle inspected to transport in their personel vehicles. They then turned around and told me it is for the welfare, safety, security of my self and others as the reason why I can't transport residents. At this point I sort of gave up, since I was not getting anywhere.

Is what the company doing to me fair, since my coworkers can transport in personal vehicles with just proof that they have insurance on there vehicle? Also do I have a case to sue them over this or file a complaint? If I can what information do I need?

Any information would greatly be more help then what I am getting internally, and I would like to thank you for helping me?

[cyjeff]

This is not illegal... and, in fact, is reasonably smart from the company's point of view.

The issue is what your insurance costs. On a company owned vehicle, your insurance is 4 to 5 times what it costs them to insure anyone else.

Even if you insure yourself on your own vehicle, if you get into an accident, the company STILL has to cover any accessive amount from the accident. Let's say that you have coverage up to $100,000. If the injuries and the accident go above $100,000, will the victims sue you or your company?

Your company... which means they still have to have insurance on any overages..... and you are 4 to 5 times more expensive there, too.

You are too expensive for the liability to make sense.

Sorry.

[FrustratedND]

So why do we have a policie that states they don't cover me in our personal vehicles, and why when I did get into an accident they said I am liable and the company is not responsible since I did take my personal vehicle?

[ElleMD]

Because they don't insure your vehicle. however, their liability policy would likely be responsible for anything your policy didn't cover.


In one year you have had an accident and a DUI. And you have to even ask why the company doesn't want you driving their vehicles and residents? Do you honestly think the residents would even want to get into a car with you?

[FrustratedND]

The accident was the cities fault, light malfunction. Will anything change when I am off the clock?

The funny part of it all is I can still do business while on the clock with my personal vehicle like picking up things. Which what your saying is they are still liable for me if I get into a accident and if I get sued they can also sue the company? They are also liable for me driving to and from work in ND is I got into a accident. Really they are at the same risk level whether I take a resident with me or not?

[ElleMD]

Yes but there is an innocent life they are also responsible for in the vehicle as well. That person would easily sue the employer if they allowed you to drive them knowing you had an accident and DUI recently.

Whether you agree with it or not, there is no way you can legally force your employer to permit you to drive residents. It doesn't matter what excuses you have or what you think their liability might be. If they don't want you driving residents, they don't have to allow you to drive residents. Period.

[Betty3]

You may believe it's not fair but I can certainly see where they wouldn't want the residents riding with someone with your driving history.

[nbarrett4111]

Betty3,

I'm sorry but I don't know how to PM you. I really like your motto and wondered if you had originated it or if it was a quote.

Thanks,
Nancy