"Investigating Liability"

Crazy_Jamie

It is possible. However, plenty of employers do claim for losses when they are not entitled to, so your son's solicitor has to look at this carefully. Has your son's employer been paying him whilst he has been off work? If so, is there a provision in his contract of employment that states that he has to pay wages back that are paid to him whilst he is off work as a result of an accident that is caused by somebody else's negligence? If there is, your son will be liable to pay the money back to the employer that they have paid him, and the employer's loss (in terms of the money that they have paid your son only) can be legitimately quantified in the schedule of loss. However, this is only because your son is ultimately liable to pay back the wages he has been given whilst off work. At the end of the day this is your son's schedule of loss, and the employer can only quantify losses on it that your son is liable to pay back to them. They cannot claim for losses other than that, nor can they claim for wages they have paid him if there is no provision in your son's contract of employment that he has to pay them back.

This is an issue that the solicitor has to deal with, and you should go straight to him rather than going to the employer. Ultimately if the employer claims for something that they have no right to, the Defendant solicitors will bring it up, so it's in the interest of your son's solicitors to ensure that everything is above board.

Quentin

Probably the solicitor has requested these details from the employer, and this explains why you now see them included in the schedule.

You have only seen the reply, not the original letter to which it relates.

Your solicitors won't mind you contacting them to ask about anything like this you don't fully understand.

At least through all this your son will now be prepared for having to pay out some of the money when the cheque eventually turns up!

mrsthrifty_2

Crazy_Jamie wrote: »

Has your son's employer been paying him whilst he has been off work?

Pay slip shows amount of sick hours paid @ 1p per hour .... I pointed it out when I sent a copy to solicitor.


At the end of the day this is your son's schedule of loss,

this is why I am so surprised to see a relativaly small loss schedule owing to my son suddenly snowballed into a huge figure by the employers loss through my sons absense

and the employer can only quantify losses on it that your son is liable to pay back to them. They cannot claim for losses other than that, nor can they claim for wages they have paid him if there is no provision in your son's contract of employment that he has to pay them back.

I will get contract of employment checked out today but would have no problem with paying 116 hours @1p back

Ultimately if the employer claims for something that they have no right to, the Defendant solicitors will bring it up, so it's in the interest of your son's solicitors to ensure that everything is above board.

Thanks for the info

well he definately wont be signing this schedule, I did say to him yesterday it is a statement of truth and as the employer has quoted wrong hourly rate of pay by £3.50 per hour , wrong working hours and actually quoted his name wrong if it goes to court it has to be correct.

I am surprised it came out to us as the solicitor has had pay slips which show the correct hourly wage and has already had from us the hourly week timetable, why hasnt she cross checked before asking for something so wrong to be signed.

Treatment finished yesterday so he still has PI to finalise but will be talking to solicitor later about these above issues.

mrsthrifty_2

Quentin wrote: »

At least through all this your son will now be prepared for having to pay out some of the money when the cheque eventually turns up!

£16,500.00 to the employer !!!! it is making my sons small out of pocket figure look ridiculous now with this involved.

Quentin

If the figure is correct, then why should the employer be out of pocket over this?

mrsthrifty_2

Quentin wrote: »

If the figure is correct, then why should the employer be out of pocket over this?

ummnn I dont think the employer/company were. this will just make what was a very slow January trading wise a little better financially

I think I have lost the plot here somewhere but was surprised to find employer losses included in a personal schedule of losses.

I have no gripe if this is correct procedure and they are entitled, I just think it should be a seperate claim

mrsthrifty_2

Ok 6 weeks later , we have now had a letter from Solicitor explaining despite continued negotiations for a month the Third part's insurance on his behalf are Refuting Liability!

They have however also suggested a compromise by offering to settle the matter on a 75/25 liability basis ........... 75% to my Son!

Upon reviewing the file our Solicitor feels this is an unreasonable way in which to resolve the conflict

Taking into consideration the compensation claim hasnt yet been offered how will this be sorted if we take the 75/25 offer ?

Obviously there are two choices here to take the 75/25 offer or continue and let it go to court !

Just wondered what any of the experts in this field could advise please

p.s.

the morning after the accident when the third party accepted liability my son was provided with car hire and solicitor referral and has since had 12 weeks of medical attention based on this admission .......... where does he stand now if 75/25 is accepted regarding costs for these services