"loss of use" question - when does it start from?

rufusindigo

In April 2013 I had a freak accident on council property. My car was so badly damaged that it was an MOT failure from that date. I finally scrapped the car in December after it officially failed its MOT in October. After huge delays the council finally admitted liability in September 2014. I have been without the use of my car since April 2013 and as a single parent with a young child it has been massively inconvenient. We are now battling over the appropriate compensation. Their most recent offer (after much tussling) is £2000 which includes public transport costs, value of car (hardly anything on market value), loss of future earnings and loss of use. They are saying they are calculating loss of use from the date they admitted liability (which is more than a year after the accident) and have offered me £500 for it. According to them this is mitigated by the fact that I had free and easy access to public transport (!). However, when I calculated the daily rate of £10 per day from the date of the accident to date it came to more like £5700! My question is therefore does 'loss of use' date from the time that I lost the use of my car or from the date that they admitted liability? Also, given that I only had third party insurance and I am on a low wage what resources are available to me if I want to fight them further? Should I use a no win no fee solicitor? Any help on this would be very gratefully received! My instinct is that they are taking the mickey, but I don't know my legal rights in this situation. I'd really love some advice from you lovely people! Many thanks :T

dacouch

How did you get around after the accident eg what public transport did you use and what was the cost each day?

Aretnap

A no win no fee solicitor won't be interested in a claim of under £10000 (unless it involved personal injury) as they can't reclaim their fees from the other side in a small claim. Did your car insurance policy at the time include legal expenses cover?

forgotmyname

Taking public transport cost £10 a day more than using a car? I think unless you can prove that, all your going to get is them having a fit of giggles.

Loss of future earnings? Were you seriously injured?

The fact you had 3rd party cover is not their problem. Although you can usually get comp cover for less these days.

Your legal rights to be in the same position after the incident as before. So £500 for your car sounds reasonable you admit its a banger.
£2000 sounds like a decent payout.

rufusindigo

I used tubes/buses etc. I have already calculated these costs minus what it would have cost me to run a car. The total amount came to about £100! This is the amount the other party have offered me for this. However, my understanding is that loss of use compensation is a different matter from public transport costs since it relates to the loss of freedom and inconvenience that not having a car inevitably causes. My problem is that the other party have offered me £500 towards loss of use, when my calculations at the rate of £10 a day from the date of the accident would be nearer £5700! Part of the reason they have arrived at a lower figure is by dating their responsibility from the date they admitted liability (more than a year after the accident), whereas I think they should be dating it from the moment I lost the use of my car e.g. the date of the accident.:). I just checked and I did have motor legal insurance at the time of the accident, which I didn't realise and I've since cancelled the insurance after scrapping the car. Whoops!

rufusindigo

forgotmyname wrote: »

Taking public transport cost £10 a day more than using a car? I think unless you can prove that, all your going to get is them having a fit of giggles.

Loss of future earnings? Were you seriously injured?

The fact you had 3rd party cover is not their problem. Although you can usually get comp cover for less these days.

Your legal rights to be in the same position after the incident as before. So £500 for your car sounds reasonable you admit its a banger.
£2000 sounds like a decent payout.

Thanks for your reply. No, as far as I understand, the public transport costs and reimbursement are a separate item to "loss of use". As far as I have been able to research £10 per day is the standard rate of compensation for loss of use of a car. £2000 might be a fair payout, but I am trying to ensure that I would not be settling for £500 re loss of use when the true amount might be nearer £5000! Once I can establish this then I will know whether or not to accept their offer:)

forgotmyname

The policy was in force at the time of the incident. Doesnt matter if it expired or you cancelled it. It was valid at the time of the incident.
As long as you informed them and there isnt a clause that says the entire policy if payable on claims or even use of the legal protection.

dacouch

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