driving license condition and insurance

[rajmer]

my friend was driving alone company's car with full driving license(supervisor condition) and accident happen. will insurance company pay for that or who need to pay for that my friend or employer ?

[JandM]

Questions about the situation, which make a difference to possible answers.

If your friend has to be supervised, he must hold a restricted license, doesn't he?

Did the company know he was driving their car? Did they know he had a restricted license and was alone?

Does anyone hold insurance on the car (your friend, or the employer)? Who is insured to drive it, in what circumstances?

[rajmer]

it's kind of restricted license. he convert overseas licence and sit only for theory test and got full driving license(24 hours supervisor condition) version 235 license. he need to give practical test after that he will get no condition full driving license( which he failed once). company know everything, even company book practical test which he fails and company also text how work is going. actually his senior told him to cover his shift. my friend doesn't have any insurance, company have insurance which they claim. if claim didn't pass employer told my friend to pay for third party damage as well company car. don't know which kind of policy company hold.

[rajmer]

situation was like that third party car was parked left side on the street, my friend smash the car by mistake because of working alone under job pressure but he didn't mention this to police. he said he was looking at right side of the car that's why he smash the car from left side. the company car was old 90's. there was problem with car but he didn't mention to police.

[JandM]

Feeling tense or upset does not excuse anyone from responsibility when they are driving. If THAT impaired by their feelings, they shouldn't get behind the wheel. That is the official line, the same as for drink or drugged driving.

So your friend will be held responsible for this accident. He should not have driven without a supervisor, regardless of being called to work. If the senior insisted he must come to work, he should have found a supervisor to go with him, or some other way to get there.

It will depend on the terms of the company's policy whether or not the insurance company will pay out. (Many policies say "any licensed driver" or similar meaning. Someone breaking the terms of their license would not be covered.)