Iva and injury conpensation

Lin850

Evening, 
i am in an iva, and couple weeks ago i was in a car accident , the 3rd party is 100% at fault an the insurance is taking care of it , i am undergoing whiplash physio  an  treatment fir anxiety as a result, i am wondering do i keep any compensation for injury?
any help wil be great thanks

swingaloo

Its highly likely your IVA will be finished before any compensation is paid, it took 3.5 years for mine.

Lin850

Mine finishes in 2027, i think it will be quite soon as insurance company are progressing very good,. Is ure iva still current or did yu complete already? And so did you inform your ip?

DullGreyGuy

Lin850 said:

Mine finishes in 2027, i think it will be quite soon as insurance company are progressing very good,. Is ure iva still current or did yu complete already? And so did you inform your ip?

To avoid impacts on benefits and care a Personal Injury Trust can be used, I dont know how an IVA would consider it. A quick google suggests that in post cases it will protect the general damages however they recommend speaking to the practitioner dealing with the IVA as there are exceptions. 

Note that only the general damages can go into the trust, any payments for special damages (eg loss of earnings, refunding you for private medicines etc) cannot go into the trust.

swingaloo said:

Its highly likely your IVA will be finished before any compensation is paid, it took 3.5 years for mine.

Whiplash is now a tariff based settlement, simple chart of duration of injury and if there are psych issues or not. Once the injury has settled its now very quick to close the claim down unless the claimant tries to argue exceptional circumstances means the tariff shouldn't apply  

sourcrates

Obviously the windfall clause would apply in this case, however if the payment you receive is for pain and suffering (not loss of earnings), your IVA company should let you keep it.

You will need to speak to them about it first, and explain the payment is for injury suffered, not loss of any income.

Lin850

Yes it will b just the personel injury bit, currently just sat waiting for a physio app treating my neck , its terrible tho i keep reliving it and its made quite anxious driving, i have to go past scene every time i go to work, i never felt an impact like that before an my mum and little girl were in car also, yes so  ok i think from what i have read on here and else where that i declare it and provide eveidence of the compensation, being for injury,
thankyu for input x