Loss of use compensation - from accident to date car scrapped or accident to date?

rufusindigo

In April 2013 I had an accident on council property which was their fault. My car was seriously damaged, declared unroadworthy and repairs estimated at over £1000 which I could not fund. Although I contacted the council straight away they did not finally admit liability until 18 months after the accident. During this period I had finally scrapped my car as I had heard nothing from them and couldn't afford repairs. I could not afford to replace the car. I am now in negotiations for compensation from them. The latest offer they have made me is for £4,000 which is to cover value of car, transport costs, loss of future earnings and loss of use compensation. It sounds like a lot, but they are claiming that they only owe loss of use payments from the accident up until my car was scrapped. I am arguing that I still have no car due to their initial lack of response and so I am owed 2 years' loss of use. Does anyone know which is right? Any light shed on this will be much appreciated!:)

rs65

What was wrong with the many other threads on this subject?

rufusindigo

rs65 wrote: »

What was wrong with the many other threads on this subject?

Sorry if it bothers you, but this has been going on for 2 years and there have been several different questions that have come up along the way. The reason I'm asking this question is because I still don't have the definitive answer, I can't seem to find the information online and I've begun proceedings against the council in the small claims court. Obviously, I want to make sure that my case is solid before paying court fees.....and if it is not the case then i may choose not to go to court and to accept their offer.

OnanTheBarbarian

I would argue that loss of use still applies even after you disposed of the vehicle as you would not have been disposing of it unless the Defendants damaged it in the first place and also, even if you had not disposed of it, the loss of use would still have continued as you did not have the means to make it roadworthy, so their point seems a little academic to me.

rufusindigo

Thank you Onanthebarbarian.:T I know I have asked the question before, but I just wanted clarification on this point before going ahead with the legal process.