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Claim for loss of earnings
Davegtst - 2/2/13 at 01:43 PM

My van got hit 2 days ago by another van while i was stationary on the m25. I got shunted foward but didn't get injured and managed to carry on driving home. The next day i woke up with a headache and was very off balance. I went to the hospital and they told me I had a minor concussion and not to drive for the next 2 days. I told my boss this and he has told me that his insurance doesn't want me to come back to work for 2 weeks! As I get paid by the job on a self employed basis I need to get back to work asap and even though I feel fine now he still doesn't want me back. It's starting to turn a bit strange with my boss being very difficult with me even though I was the one that was hit. What I really want to know is can I claim for loss of earnings and how would I go about it? Also is it possible he doesn't want me back so he himself can claim loss of earnings too?


RIE - 2/2/13 at 01:52 PM

All those "have you had an accident?" companies - this is what they're for. Or personal injury solicitors, etc. I think the thing to look out for is how much it's going to cost you, either beforehand or how much they will take out of the settlement (not used them before so not sure of the exact process).


SteveWalker - 2/2/13 at 10:15 PM

Were you in your own van or a company one? If it was yours, then your own insurance company should happily chase the other driver's insurers for loss of earnings (and compensation for pain and discomfort too). I presume that if you were in a company vehicle, that you would have to look at making a claim directly with the other driver's insurers or via a claims company. Be prepared to show documentation to prove previous earnings - probably including the previous year's tax return, contracts/agreements with your client, invoices, letter from your client's insurers stating their requirement for you to not work and so on. I am going through something similar, although I am a contractor and sole director of a limited company rather than self-employed. I have provided proof of hours worked in the months leading up to the accident, hours worked following the accident (and hence lost hours), contract with client and was then also asked for the latest company accounts, my latest personal tax return and records of payments.


Davegtst - 4/2/13 at 02:13 PM

Thanks for the replies. It was a company van and not my own so it is insured by my boss. I have no problem proving previous earnings and can probably get a letter saying I couldn't work for X ammmount of days. If I do go to one of these ambulance chasers what is there to watch out for and do they really give me all the compensation they claim to?