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Reply to: Motorbike accident

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Previously on "Motorbike accident"

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  • Wanderer
    replied
    Originally posted by manclarky View Post
    I was under the impression (agreed, possibly wrong) that you as a person won't suffer a loss of earnings as your company will still pay you. Assuming your company pays you £6k pa, then you've not "lost" anything if you still get your £500pcm.
    I think one could argue that the accident impacted the ability to run the business therefore damages would be due. I don't know exactly how far the consequential damages would stretch though.

    Leave a comment:


  • Support Monkey
    replied
    Originally posted by manclarky View Post
    I was under the impression (agreed, possibly wrong) that you as a person won't suffer a loss of earnings as your company will still pay you. Assuming your company pays you £6k pa, then you've not "lost" anything if you still get your £500pcm.

    All that's happened is a company has been unable to supply the skills for the contract they hired, and that's not loss of earnings for the company - just shortsightedness.

    If ClientCo's project ran over because Jim X was run over by a bus, do they sue the bus company? I think not.

    Happy to be proved wrong in this instance though!
    as the director and only employee you cannot generate any income due to the accident so i would certainly expect you to get compensation for loss off earning, a friend off mine did exactly this when he could not work for 6 months even though he was employed he was getting basic pay but claimed for the loss of overtime and bonuses

    There will be a rate for each injury and these things are usually settled by the insurance company lawyers getting together and agreeing a payout although as someone else said don't expect to get anything for at least a couple of years.

    Leave a comment:


  • d000hg
    replied
    Well you certainly should be able to get some compensation through your regular insurance without hiring "100% real lawyers Ltd". But I think that's often a fixed amount for specific injuries only.

    Why don't you ask your insurer about it? If it's all coming from the other guy's insurer they should be happy to discuss this.

    Leave a comment:


  • nomadd
    replied
    Originally posted by manclarky View Post
    I was under the impression (agreed, possibly wrong) that you as a person won't suffer a loss of earnings as your company will still pay you. Assuming your company pays you £6k pa, then you've not "lost" anything if you still get your £500pcm.
    When I had my accident - got knocked of a motorcycle too - my solicitor just "lumped" all the items we discussed under one big claim. We just put in for everything - lost income (not just salary), injury, clothing, hire-car, yada, yada and took it from there. We got the whole lot paid in the end. Took 2 years, mind, as the other party was extremely reluctant to admit full liability. In the end, they gave up chasing it as the legal costs were beginning to get stupid.

    Leave a comment:


  • manclarky
    replied
    Originally posted by Support Monkey View Post
    you will almost certainly be able to claim for all loss this includes your vehicle any injuries, hire vehicles, and loss of earning
    I was under the impression (agreed, possibly wrong) that you as a person won't suffer a loss of earnings as your company will still pay you. Assuming your company pays you £6k pa, then you've not "lost" anything if you still get your £500pcm.

    All that's happened is a company has been unable to supply the skills for the contract they hired, and that's not loss of earnings for the company - just shortsightedness.

    If ClientCo's project ran over because Jim X was run over by a bus, do they sue the bus company? I think not.

    Happy to be proved wrong in this instance though!

    Leave a comment:


  • Support Monkey
    replied
    Originally posted by UsrBinPRL View Post
    Hi all,

    Apologies if this isn't exactly the right place to post this question but it sort of fits, I think.

    Travelling back from Client site on my motorbike last Tuesday evening, a VW Transporter pulling out unannounced from a side road ensured that I didn't pass go, didn't collect £200 but did end up unconscious and fitting followed by an enforced two days in hospital under close observation.

    Now, this was a week into a 12 week contract. The client is being quite understanding but I've already got to go to see a consultant this week about getting my left eye-socket put back together properly and I'm sure there will be other things too that keep me away from the client's site.

    My question is this, does anyone have any experience/expectations of how claiming on the van driver's insurance for loss of income to my business is likely to go? The van driver did stop and admitted full responsibility to the local plod. It's not the end of the world but if I can legitimately claim then I see no reason not to.

    Many thanks from a very battered UBP.
    just to reply to the question asked, if the other party admits/its proved liability you will almost certainly be able to claim for all loss this includes your vehicle any injuries, hire vehicles, and loss of earning, protective clothing hospital visits, infact any expense incurred due to the accident if it was not your fault

    Leave a comment:


  • Support Monkey
    replied
    Sorry to hear that, if your fully comp you need to put it in the hands off your insurance company, you say you had legal protection this is the part that supplies the lawyer for your claim , they will fight your corner for you and you will have no costs as it sounds like a classic pulled out in front accident, you do not need to go through any ambulance chaser company (and lets face it they will want a slice of the pie) if you have legal protection cover on your insurance

    years ago i had an accident in my car and was only covered for 3rd party fire and theft but had paid the extra for legal cover, the insurance company did all the leg work and it cost me nothing

    what alot of people don't realise is thay may not have legal cover on their motor policy but they do have it on their home insurance, and you could claim for the accident using your home policy legal cover

    Leave a comment:


  • Scrag Meister
    replied
    When some dozy bint went into my son the other month the insurance company basically recommended some solicitor to do the compo claim.

    Definitely claim for loss of earnings, as stated a signed contract with daily rate etc should do the trick and also some for the inconvenience and suffering.

    Its what insurance is for, just be realistic and not one trying to rip off the system.

    Back in 2005 I had a motorbike accident and had both my arms broken. Worst thing about it wasn't the pain and inconvenience but the fact that i had my Dad wiping my arse at the age of 39.

    Leave a comment:


  • administrator
    replied
    Sounds nasty, fingers crossed for a speedy recovery.

    Leave a comment:


  • UsrBinPRL
    replied
    My body armour did its job as did my very expensive crash helmet but as others have guessed I don't have income protection insurance. I have fully comp insurance, protected NCD and legal protection whatever that may be, so we'll see how things progress. I obviously have a signed contract with a specified daily rate.

    Still, first serious accident in 20 years of biking and I was quite lucky to get away as lightly as I did. Hopefully back on site tomorrow but probably only doing half days.

    UBP.

    Leave a comment:


  • SimonMac
    replied
    *Reminds myself not to get a motorbike*

    Leave a comment:


  • doodab
    replied
    You will need to prove the loss of earnings. A signed contract with rate should be enough for your insurance company to be able to sort it out, assuming they are dealing with it for you.

    Leave a comment:


  • northernladuk
    replied
    I would have thought this would be best dealt with by one of these Ambulance chasing legal firms that will handle your compensation claim. I would expect they would include that in there and if they don't the actual amount you will get for your injuries will cover it, particularly if it is as bad as it sounds.

    Leave a comment:


  • jonathanOnshore2010
    replied
    Oh, how terrible.

    I assume you don't have income protection insurance then?

    Leave a comment:


  • UsrBinPRL
    started a topic Motorbike accident

    Motorbike accident

    Hi all,

    Apologies if this isn't exactly the right place to post this question but it sort of fits, I think.

    Travelling back from Client site on my motorbike last Tuesday evening, a VW Transporter pulling out unannounced from a side road ensured that I didn't pass go, didn't collect £200 but did end up unconscious and fitting followed by an enforced two days in hospital under close observation.

    Now, this was a week into a 12 week contract. The client is being quite understanding but I've already got to go to see a consultant this week about getting my left eye-socket put back together properly and I'm sure there will be other things too that keep me away from the client's site.

    My question is this, does anyone have any experience/expectations of how claiming on the van driver's insurance for loss of income to my business is likely to go? The van driver did stop and admitted full responsibility to the local plod. It's not the end of the world but if I can legitimately claim then I see no reason not to.

    Many thanks from a very battered UBP.
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