Out of pocket expenses - after an RTA

#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
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!
 

The_Duke

LE
Moderator
#4
billywhy,

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
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
Prescriptions/medication
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
msr said:
Have you tried speaking to your insurance company? They will be helpful if they can claim everything off the other person.
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
 

The_Duke

LE
Moderator
#9
O_S,

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."
 
#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
Ord_Sgt said:
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.
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.
 

The_Duke

LE
Moderator
#15
bensonby,

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.
 
#16
The_Duke said:
bensonby,

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.

ah, thanks for the pointers - sorry for taking it off topic - in police-speak an "accident" is when noone is to blame.
 
#17
All insurance companies are brass studs, only interested in taking your money. I wish you luck, as I see no reason why you should be out of pocket or suffer injury because of someone else's actions or neglect.
 

The_Duke

LE
Moderator
#18
billywhy said:
Ord_Sgt said:
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.
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.
An underlying principle of insurance is that you always act as if a "prudent uninsured". Imagine you had no insurance - you would need to care for your wife and family, but keep the costs as low as possible. The cheapest option is for you to take leave. If you could possibly do that then you would, if not then you would consider hiring a carer.

The point is that you do the cheapest options first, then the ones that cost money. By all means go for it, and you may well find a kindly loss adjuster who is feeling sympathetic. If you do, make sure you buy loads of lottery tickets as well, because you are obviously on a lucky streak!
 
#19
Billywhy
You do not need to hire a carer. You are the carer and you are entitled to claim about £5-6 per hour of your time spent caring for your wife and child which is over and above what you would usually do. Hope this clarifies the matter
 
#20
you still the right and options to take the individual to the courts under a civil action. Their insurance will still cover them and it can be easier in some circumstances. Speak to a lawyer (even no win no fee) to get an idea of your rights and choices.

Good luck and I hope your wife recovers fully
 

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