Our Nanny Wreck Our Minivan - Should We Ask Her to Pay the $500 Deductible?

Updated on November 10, 2007
M.B. asks from Allen, TX
23 answers

Our Nanny wreck our Minivan - should we ask her to pay the $500 deductible? She was driving my son to Pre-School. Today she made a comment we were to "untrusting"?
The claim was denied, our van is being held responsible. We need her but I dont know what to do? I work 45 -50 hrs a week and have a 3 1./2 & 1 1.2 year old.

Please advise.

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So What Happened?

Hello and thank you for all the responces. We are splitting the deductible with the Nanny 50/50. This is her last month with us as we both agree it is to much of a risk for her to driving all over town.
There was a posting asking why we let her drive our car? My husband installed VehiclePath ( a GPS tracker) and we are able to view where the van is at all times and at what speed she is driving. Until I can stay home atleast part time, our goal is to have as much visibility to our children as possible. To the Nanny's defence she was only driving at 22 mph when she wrecked.

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L.T.

answers from Corpus Christi on

As the director of a child care center I would have to say no, you should pay the deductible. More important though is,if you don't trust her, which she inferred, then it sounds like ya'll should talk. It always amazes me that people can be mistrusting BUT still leave their children with the people they mistrust...what's up with that?!? If you trust her then tell her, if you don't then let her go...even if you are desperate!! The most important things in life are the people in it...not the job. Sorry, but at 52years I realize that now more than ever. Hope I've helped! L. T.

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S.M.

answers from Dallas on

no, I agree with the other 2 moms.. If anything you fire her. But not charge her for the deductible..

So sorry this happened to you..

Take care

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A.K.

answers from Dallas on

I would pay the $500 dollars and move on. At the end of the day, there is a certain level of convenience that a nanny provides for you, but it also comes at a risk. It is a difficult pill to swallow I can imagine, however accidents happen. The important thing is that your little one is okay and perhaps you may want to rethink having a childcare provider that drives your child where you need them to go. It is a risk that comes with the territory. Good luck...I know it is not fun to deal.

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T.O.

answers from Dallas on

I say "no". Not only is there no legal reason she should pay, but I'd worry about making her mad. This is your nanny. She has your babies everyday and will for years. The $ isn't worth upsetting her. You want to keep a good nanny at any cost. If she's not a good nanny, you should still pay, fire her and look for a new one.

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C.J.

answers from Dallas on

No you should not have her pay the deductible she was after all working for you. Not sure why the comment was made, but seems like she might be having some issues with you. Talk with her clear the air and move on.

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J.V.

answers from Austin on

I think that if she is employeed by you and you are handing over you keys to her then you are responsible, weather or not is she caused it. She is employeed by you and you allowed her to drive your van, and if you didn't have any documents stateing that she would be responsible before hire then it would not hold up in small claims either.

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B.

answers from Houston on

No she shouldn't have to pay your deductible. You are the one that allowed her to drive your minivan. Especially if she was on an errand for you than you should just pay it yourself.

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E.S.

answers from Dallas on

I know you have all different kinds of responces. Just thought I would thriow my 2 cents in. If the car was yours and you gave her the keys. Then legally you are responsible for any damages that are done to the car. I am sorry but I would honestly say just pay it and move on. If she has her own car, have her use her car to drive the kids to school. Make her show proof of insurance on her car though before you let her put your lil one's in her car. Then just reimburse the gas expense once a week...somthing like $20 should cover it all. If she doesn't have a car, then have her sign a form stating that if while she is driving your car, she gets into an accident, then she is to be held resposible for the deductible.

As for the untrusting remark, that could come from her own guilt about the damage of the vehicle. She may feel like she can't trust herself and is taking it out on you. If you really don't trust her, let her go. If you do, tell her that you do and don't bring up the accident when you do.

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E.H.

answers from Dallas on

No. She was driving your vehicle in the course of her employment to execute her job duties. If you think she was negligent and her driving safety is an issue, then you should probably relieve her of the nanny position.

If you want her to be responsible for vehicle expenses, including the insurance deductible in case of accident, you should require her to provide the vehicle and then reimburse mileage.

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K.R.

answers from Dallas on

YOu need to consider all the facts was it her fault who was in the wrong ..If she was in the wrong I would have her pay at lesat half ..

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S.L.

answers from Dallas on

you should pay it, you let her drive the car, she was working for you at the time!!

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B.R.

answers from San Antonio on

I honestly dont think that she should at least help pay it. I can understand if it was not her fault at all. But also does not seem she is being very understanding about it. But in the long run you let her drive it and that was your choice and you take that chance.

Yes it is very upsetting but I think if anything you should split the cost and make your personal choice if to fire he ror not. If she is good with the kids or what else you need to consider. Goof Luck!

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A.O.

answers from El Paso on

Well, if the accident is her fault I do believe that is the least that she could do. If not at least provide some or most of the deductible in order to repair the vehicle. Although I do not think this is the case since you are discussing paying the deductilble, but if it was not her fault, I don't feel that she should be held resposible for the damages incurred. But I don't think you would be questioning that. In reality she is not to be held liable since she may not even be on your vehicle insurance and definitely not an owner of the vehicle that has been damaged, so therefore there is no legal action that you can pursue if she opposes to reimburse you for the damages. Good Luck!

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A.E.

answers from San Antonio on

My only question is: why did you let her drive your minivan in the first place? When you let someone drive your car, you are taking a chance. I was a nanny for several years, and though my employer offered, I always refused to drive her car. I did not want that kind of responsibility, though I did drive her children around. I guess I figured if an accident were to occur, I'd only have to deal with the guilt of having an accident while her children were in the car and not wrecking their car on top of that. After I stopped working for this family (I transferred to an out-of-city university), I heard that the nanny who came after me wrecked their car. I would definitely start looking for a new nanny, but I wouldn't hold her responsible for the deductible. With the next nanny, I'd recommend not letting her use your personal vehicle, and if possible, do a test drive with her before you let her drive off with your children. You can never be too careful. I really am sorry that this happened though and I hope your children were not hurt.

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T.T.

answers from Dallas on

Hi M.! I was a nanny a few yrs back...hee hee, well, 16 yrs back! ugh...Anyway, I had an accident when I was driving the 3 kids on an errand. The car was pretty much totaled...it was a total accident, but I felt horrible. I was just so thankful that the kids were not hurt. The parents that I worked for were very very understanding and didn't treat me any different than before it happened. If you have a good relationship with her, she's good to the kids and the kids love her...then you have to realize that mistakes happen and she was using your car doing work for you. If not, than you need to find a new nanny, because things will end up getting worse. Anyway, I hope this helps!! Good luck!

T.

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M.

answers from Houston on

Heck, yeah, I'd make her pay at least part of the deductible!! She wrecked it. Does she have insurance? If so, her insurance should be paying it, not yours.

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S.

answers from Houston on

She should have to pay 1/2 of deductable (if it was her fault) ! If it is going to cause a problem, then act like it never happened, if she is good to your children, that is hard to find !
Good Luck~

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M.P.

answers from Dallas on

you can file against her insurance to get your car repaired sice she was driving.

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A.G.

answers from Dallas on

Get rid of her----now!

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C.

answers from Dallas on

Absolutely not.

The accident happened while she was on the job. If it happened as a result of her incompetence or neglectful then you can fire her.

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S.

answers from Dallas on

I am a nanny and I would expect to pay the deductible, or at least part of it, if I wrecked my family's car. If she doesn't have much money and you can cover it, then I am sure she would appreciate your help, but explain to her why you are paying for it and that next time she will be responsible. Or let her pay you back over a couple months if that sounds better. It really depends on how well you know and like your nanny. I am very close to my family and have worked for them for awhile, so I would feel really guilty if I didn't at least offer to pay part of it. As far as her calling you "untrusting", you should explain to her that when it comes to your children, there is never such a thing as being to skeptical. Good Luck!

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J.S.

answers from Houston on

If she borrowed a sweater from you & then ruined it, would you go back to the store to buy a new one or would you have her pay for it? Now remember this was your car...not some $40 sweater. And then remember that your child was in that car while she had the accident.

I would make her pay. She drove the car...she had the accident. The untrusting comment makes me think she feels guilty about something, but the fact is that she had an accident while she was responsible for your child.

If a bus driver has an accident while driving the bus, they are fired. No 2nd chances. I'm not saying fire her...just make her pay.

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D.W.

answers from Corpus Christi on

If it was due to her negligence then yes she should pay the $500 dollars and be relieved of her nanny duties. If it was NOT due to her negligence then she should not be held accountable for the accident. Accidents do happen. Just be thankful that everyone was ok. The accident could have taken all of their lives. Thank God it didn't.

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