We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
1 claim - Not at fault but renewal much higher?
Comments
-
That's not a genuine substantiated loss, it a potential loss as we don't know whether they would have got the job or not.The accident isn't their fault and as a result they miss the interview/meeting and, along with it, the opportunity to earn £100,000. Can they claim for that?
I am not a lawyer bit I think that's quite tenous and would be hard luck, but clearly if that amount was involved you'd get professional advice.
No it doesn't mean it can't be settled.but a claim might affect a premium for years. This means the claim couldn't be settled until enough time had passed for the claim to be irrelevant.
People can come to an argreement either out of court or in court as to what is necessary compensation for future losses.
Here's an exmaple for you.
If you put me in a wheelchair, you might have to compensate me for 25 years future earnings.
Do we have to wait 25 years? No of course we don't.
Do we know whether I would otherwise have been fit to work or even lived until retirement?
No we don't know any of that.
We would have to make assumptions on earnings and make some assumptions about inflation etc.
Whether in court or out of court, a settlement would be reached.
These things do happen when someone is killed or has life changing injuries.0 -
I have previously recovered premium loadings for a non fault accident from the third party on the grounds that it was a consequential cost incurred entirely because of the accident and, just like car hire or loss of earnings etc, is recoverable.Are you sure you can do this? I always thought it was a consequential financial loss which couldn't be recovered.
However lots of knowledgeable posters on here maintain that you can’t do it and I was just lucky but none have managed to come up with a counter argument to mine (in bold above). The responses tend towards just repeating “you can’t”
They might be right and I might have been lucky but that would be more persuasive if the other company had paid up immediately rather than resisting (essentially also just repeating “you can’t”) and only paying when I sent them a copy of the small claims court papers with a letter saying that if I didn’t get a cheque within 14 days I would issue the papers.
Whether I was lucky or they didn’t fancy sitting in front of a district judge repeating “you can’t” or even it was cheaper & easier to pay me rather than defend, I don’t know but I did get paid.
Might be worth the cost of a letter or two to see if you can get paid too.
A good phrase is “I am entitled to be put back in the position I would have been in had the accident not happened”0 -
Thank you for all your comments.....I will tell the insurance about adding to the claim - can always try - but don't hold my breath... The third party has accepted liability but as it was abroad it takes time for things to get settled I guess plus 1st central was really bad at sorting it out (accident was in December!!)... anyway as liability was accepted at least my NCB is restaured .... and I went with sbdy else..A friend is a present which you give yourself (R.Stevenson)
Happiness seems made to be shared (Jean Racine)0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601.1K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards