Lost income after RTA

[Flopsy]

I have actual experience of this. As a pedestrian in 2001 I was hit on a crossing by a speeding motorcyclist. Badly injured.

During the years I've spoken to a number of other people injuried - both contractors and permies.

The good news is that as it is "only" 2 weeks the other sides insurance company is more likley to pay up. They may quibble though and make it as hard as possible for you. They can get very nasty indeed and in my case I was followed and video taped, harrassed as my home by bogus callers and "delivery men", video taped in my own home secretly and had many strange things happen to me. The shock of seeing this all video taped and sent to me (when still badly injured) was severe.

I obtained legal opinions on the company vs personal injury angle. The "other side" if they wish to be difficult will argue that they should pay you what the company would have paid you. In my case I obained a report from a "Forsensic Accountant" that calculated the amount owed as being the full amount.

I was on a monthly "rolling" contract and there was no "proof" that this would have continued but the "other side" never argued this point.

It all comes down to a big haggle at the end. There are no hard and fast rules. There is case law to cover any viewpoint and much of it is contradictory.

The main thing is showing them that you intend to fight and not being put off by the barriers. As it said as it is "only" 2 weeks they may pay up as it is expensive for them to use lawyers.

[TheFaQQer]

Good point. I've got no paperwork for the extention and after enquiring today I don't think I'll get any. I was just on the phone to my brother-in-law and he happens to be part of the john-q-law. He confirms that now its an RTC and he reckons that because I'm a director and because of the RTC my company lost out I can just strap this onto the same clame.

I'd be surprised, to be honest - the company is not the same as the person, after all. Since the company has lost out, they would need to make a claim, rather than the employee who hasn't lost out too much (since all you have lost is the salary that you would have earned in the couple of weeks, which assuming the low salary-high dividend model won't be much).

I guess you could make the claim all in one go, and then reimburse the company the amount that relates to loss of earnings to make it all above board...

The operative word in that sentence is, of course, "guess". Maybe ring the legal helpline with the PCG (assuming you are a member) and see what an expert suggests rather than us lot over here.

Best of luck with it - worst case is that you try and get nothing. He who dares, Rodders, he who dares...

[Bomber]

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

Good point. I've got no paperwork for the extention and after enquiring today I don't think I'll get any. I was just on the phone to my brother-in-law and he happens to be part of the john-q-law. He confirms that now its an RTC and he reckons that because I'm a director and because of the RTC my company lost out I can just strap this onto the same clame. I did get this tho

All we are able to provide is proof of the contract you was on, because you didn't accept the extension we can not and will not confirm the contract dates until March as requested below.

Which does confirm the exsistance of an offer.

I've got pains, which the medication takes the edge off. So I should just push on, but it might take me a while to get off the bench.

Thanks for all the comments.

[NickFitz]

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...

I believe they use the term RTC (Road Traffic Collision) nowadays, on the basis that there is always some kind of collision - if a little old lady falls off her bicycle miles from anybody else, she nonetheless collides with the ground, for example.

The term "accident" was abandoned to avoid some smartarse lawyer arguing that their client couldn't be held liable as the emergency services had described it as an accident, which implies no blame

[TheFaQQer]

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

[Sausage Surprise]

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.

[Dante]

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...

[BrilloPad]

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.

[TykeMerc]

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.

[wizard1974uk]

What's a RTA? Routine Tax Attack?

Think about it a little more

The clue is in the post.

[max]

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?

[Bomber]

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.

[BrilloPad]

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]

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?