Lost income after RTA

**BrilloPad** · 16 October 2008, 16:32

Originally posted by Bomber View Post

What great timing....The week my contract was up for renewal I am involved in an RTA while carrying out services for ClientCo. Doctor put me off so I never got the renewal paperwork but ClientCo had verbally told me the week b4 that they wanted me for another 6 months. The other driver was to blame and has admitted liability. I've put a claim in for the loss of the 6 months contract but I hadn't any paperwork so I'm not sure it will stand.

Has anyone had any experience they'd like to share in this area?

A friend at UBS was involved in similar. UBS and friend and agent agreed contract, in effect, terminated immediately. He got paid the whole lot by other driver - about 4 months worth - as could not work.

How long will you be off for? Could you get a letter from client/agency if necessary?

Any chance client will wait for you?

Obviously seek work as soon as you can work.

And I hope you get well soon.

**Bomber** · 16 October 2008, 21:52

I've asked for a letter from ClientCo so hopefully that will come through. The RTA happened at the start of the month and I've missed just over 2 weeks. I haven't spoke to the client recently so I'm not sure if they are waiting. The project they wanted me for was just about to start so.... I was trying to negotiate a better rate at the time too and was thinking of walking if they weren't going to pay up. I'm still in pain but I haven't got a massive reserve so I'm going to have to work through it. Good to hear your friend got compensated though, cheers.

**max** · 16 October 2008, 22:09

Originally posted by Bomber View Post

What great timing....The week my contract was up for renewal I am involved in an RTA while carrying out services for ClientCo. Doctor put me off so I never got the renewal paperwork but ClientCo had verbally told me the week b4 that they wanted me for another 6 months. The other driver was to blame and has admitted liability. I've put a claim in for the loss of the 6 months contract but I hadn't any paperwork so I'm not sure it will stand.

Has anyone had any experience they'd like to share in this area?

What's a RTA? Routine Tax Attack?

**wizard1974uk** · 16 October 2008, 23:03

Originally posted by max View Post

What's a RTA? Routine Tax Attack?

Think about it a little more

The clue is in the post.

**TykeMerc** · 16 October 2008, 23:39

Originally posted by max View Post

What's a RTA? Routine Tax Attack?

Road Traffic Accident.

If you can get letters from the agency and ideally the client to go with the medical evidence that you've been incapacitated enough to stop you working for a while then you should be able to get the contract value off the other drivers insurance company.
The letters from the agent and client must state explicitly that the contract is being ended because of you not being available due to the accident, if it's not explicit then there's room for the other drivers insurance company to wriggle, delay and negotiate.

**BrilloPad** · 17 October 2008, 07:24

Originally posted by Bomber View Post

I've asked for a letter from ClientCo so hopefully that will come through. The RTA happened at the start of the month and I've missed just over 2 weeks. I haven't spoke to the client recently so I'm not sure if they are waiting. The project they wanted me for was just about to start so.... I was trying to negotiate a better rate at the time too and was thinking of walking if they weren't going to pay up. I'm still in pain but I haven't got a massive reserve so I'm going to have to work through it. Good to hear your friend got compensated though, cheers.

Any idea when you might be able to work? What sort of injuries did you suffer?

Sometimes you have to go on "auto-pilot" for a while. I started a contract at TMI in April 1999 - my ex had had a kidney transplant 2 weeks before and was suffering major rejection issues. It was hard to me to turn up - but I did and just did what I could. After about 2 weeks things got better - they changed her drugs.

All the very best with it - and keep us updated.

**Dante** · 17 October 2008, 08:40

Road Traffic Accident.

Don't the old bill call it an RTI (Incident) these days as they say that these events are never accidents - someone is always liable...

**Sausage Surprise** · 17 October 2008, 13:07

Originally posted by Dante View Post

Don't the old bill call it an RTI (Incident) these days as they say that these events are never accidents - someone is always liable...

It was RTA when I was doing an observation shift on an Ambulance (don't ask) last year.

**TheFaQQer** · 17 October 2008, 13:48

I'm surprised if you can get them to pay up.

You were involved in the accident, and can't work. In that case, the amount that you could go after would be the amount of income that you would have been paid for that time. If your employer (i.e. your company) wants to make a separate case against the driver, then it's up to them to go after the loss that your company incurred because you could not work.

Although you have been injured, the main party that is losing out is your company, not you personally. You can probably go after him / her for the loss of your minimum wage (or whatever your company pays you), but I'd be surprised if you can go after him / her for the loss of the contract that your company incurred.

Finally, if you are claiming this personally, then there is always the potential that that would put your contract inside IR35, because it is you as an individual that is making the claim, rather than the company.

IANAL.

HTH.

etc.

FaQ

Lost income after RTA