Last week a verdict was rendered in the case of Icelandic company International Motor Insurance’s(ABI) case against Efling member Davíð Eiríkur Guðjónsson.Davíð, who worked for JH verki ehf. got in a car accident during work hours in a car owned by the company he worked for. Davíð was not in the right and the car he was driving was uninsured. Because of these facts International Motor Insurance, who are owned by Icelandic insurance companies, got involved to pay for the damage to the car Davíð was driving. ABI then sent a demand for reimbursement to Davíð. Under normal circumstances the demand would have been made to JH verki ehf. as the owners of the damaged vehicle but due to the company having filed for bankruptcy the responsibility fell onto Davíð, as the driver, to pay.After looking to Efling’s lawyers for assistance Davíð has been acquitted of any responsibility to pay ABI the reimbursement. ABI were also ordered to pay his 1.1 million ISK legal costs. Leading up to the judgement ABI were repeatedly urged to drop the demand, but the refused. Due to strong arguments the court found no logical reason why the former staff member should have to pay for the damages. The court referred to 2., sbr. 1. mgr. 23. gr. regarding compensation laws and deemed it fair that this reimbursement demand against Davíð be dropped.Karl Ó. Karlsson, lawyer for Efling says it important to have this ruling from the court stating that it is not possible to claim reimbursement directly from an employee in these circumstances, as there will inevitably be future company employees who will unknowingly be driving an uninsured company car for work reasons.
