Out of pocket expenses - after an RTA

Discussion in 'Army Pay, Claims & JPA' started by billywhy, Aug 6, 2008.

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  1. To cut a long story - as short as possible. The other half has had a traffic accident which was completely the other drivers fault. She ends up on her roof and the car is a total write off. Fortunately she suffered no major injuries but for the last two weeks has been in a lot of pain and discomfort due to whiplash and severe soft tissue damage.
    We are in the process of claiming compensation at the moment. (and no digs please - this was quite a nasty RTA and we are not jumping on the compo bandwagon) and working out our losses.
    We have already been offered £900 less for our car which we bought 3 months ago and will have to spend at least an extra £1000 to replace it with an identical age car with the same mileage. So already at a loss.

    My major gripe is this - due to her injuries she has been unable to look after herself or our 8 month old baby and I have had to take 2 weeks leave (1 compassionate and 1 coming off my entitlement).
    Is there any way I can be compensated for my loss of 1 weeks leave or is it 2-nil to the insurance company because they know that the MOD pay us 52 weeks a year and I havent really lost out financially. I am just annoyed that I have lost a weeks hard earned leave through somebody else's fault.
    If I was a civilian I would presume it would be fairly straight forward with the production of a wage slip.
    I would appreciate any helpful advice, particularly from anyone who has been in a similar situation.
  2. msr

    msr LE

    Have you tried speaking to your insurance company? They will be helpful if they can claim everything off the other person.
  3. And remember the `Golden Rule`.....Nevereverever accept their first offer!
  4. The_Duke

    The_Duke LE Moderator


    For a start - reject their initial offer, and provide proof of the replacement value of your car. If you can show that the same model, condition and age of car is selling for more that they are offering you then all the better. They are required to put you back in the same position you were in before the crash, but not required to pay you what you paid for the car 3 months ago, so expect some reduction.

    As for leave, as you are financially no worse off (as you admit yourself), then you have not suffered a loss which requires a cash repayment. Sorry!
  5. Ord_Sgt

    Ord_Sgt RIP

    But surely Duke, he loses 2 weeks leave he could otherwise have taken at his leisure. Seems logical that he should be compensated for that.
  6. Insurance companies are evil, as are the courts, the wife had a RTA a couple of years back, some 17 year old girl goes through a red light and smashes into the wife as she's turning (one of those stepped traffic lights), we go to court and we have the witnesses on our side and the police statement but in the end the court rule that they can't state who was at fault!

    The cheeky c**t then tried to claim off our insurance, thankfully she didn't get anything and she was third party only so at least it kept her off the roads for a while.
  7. As a claims inspector I can help!!
    Heads of special damage -
    Care & assistance to wife - £5-6 per hour
    Loss of use of vehicle - £100 per week at least
    Postage miscellaneous expenses - £50

    Hire a scumbag lawyer they are far more inventive than myself for drafting schedules of damage but there are a few to start. These are on top of damages for the injury.
  8. I have not spoken to them about the leave issue but I was just wondering if a precedent has been set before I approach them. Am I urinating into the wind with this or is it a realistic request. I am just annoyed that I have lost leave and feel that the insurance company (and not the MOD) should compensate for that.

    p.s thanks for the response
  9. The_Duke

    The_Duke LE Moderator


    Insurance is about restitution - returning the insured to the position they were in before the incident. If billywhy was unable to take leave, and had to hire a carer to assist then there is a financial loss. There would be a very good chance of recoving this cost, as it is a measurable financial loss.

    As it is, he has lost the ability to take his leave later in the year, but not lost any money. Harsh, but he is very unlikely to find an insurer willing to pay him money because he had to spend some time looking after his family. His wife should be able to make a claim for her injuries and any time that she has had to miss from work, but not him.
  10. This is going to sound really unhelpful and pedantic.

    But its not an "RTA" it's an "RTC" - "Road Traffic Accident" implies that no-one was to blame - you yourself said that it was the other driver's fault. Make sure you always refer to it as a "Collision."
  11. insurers still call them rta's. been watching too much hot fuzz :)
  12. Your insurance company will be very willing to fight your case for everything they can get as their lawyers will, assuming total blame is placed on the other driver, sue for everything they can and then add their fees to the bill.

    If they aren't interested then I guess you could try one of the asshole companies that run on no win no fee....
  13. oh right, I didn't realise. We're under instruction to call them "RTCs" in the Met. I thought it sounded pointless (and probably "PC") changing it....but it is more accurate.

    I was told a story of a mother whose son was killed by a drunk driver and when the plod kept on referring to it in court as an "accident." She complained, saying that it wasn't an accident - her son was killed in a crime, by a criminal. Don't know how true it is, but I thought it was a good point and I changed my opinion pretty quick!
  14. This is my sentiment exactly although Duke does seem to have a point (however much I dont like it!)
    But surely compensating me as my wifes (and babys) primary carer during her injury period would be cheaper than hiring a specialist carer at £5-6 an hour for 16 - 18 hrs a day.
  15. The_Duke

    The_Duke LE Moderator


    In insurance speak, an accident is something which is "fortuitous to the person insured" - in other words, it is not something that they did themselves or deliberately caused to happen.

    A murder is an accident - a suicide is not. The difference lies in who caused the death.