Made myself Bankrupt in March 2017 now trying to claim compensation

Nicpas

Hi total newbie here I made myself BR in March 2017 straight forward. I was run over by a hit and Run driver few weeks ago, ended up him driving away and not reporting it, I saw some of his number plate and the police charged him 28 hrs later.
I’ve been left with a broken elbow, bruising and quite a lot of psychological issues.
Police advised me to claim compensation anyway I’ve now been signed off work for 6 weeks min, question is as I’m bankrupt until end of March how does compensation work?
I’ve read the loss of earning will go to OR but as it’s a personal injury claim it’s different to a windfall and I should be able to keep the injury side? Anyone have any thoughts of has this happened to anyone? Thanks in advance

buglawton

Dunno but I do know of someone who claimed PPI but had been bankrupt at the time. Then found that his creditors had 1st claim on his payout. His PPI claim agent cooperated with the creditors, apparently this is normal.

Nicpas

Ppi would be classed as a windfall apparently so would go to OR..but like I said I’ve read as it’s actually a personal injury pay out I may be ok S who knows what long term cares my elbow would need..just would like a difinitive answer either way

debt_doctor

Hi,

Your thoughts are correct. Any award for personal injury are yours to keep and other matters such as loss of earnings etc will be seized as 'after acquired property'.

You need to discuss it with the OR.

DD

SkintSteve

Hi,
I was declared BR in February this year and was in the midst of a whiplash claim.
I was up-front with the OR and said this was coming and he said that any compensation for 'pain and suffering' was mine but he would be 'interested' in any compensation for loss of earnings.
As my award was purely for pain and suffering I could keep it.
The amount was over 2K but as the OR pointed out if I purchased an asset with it, then this could then be of interest. In the end I purchased a car with it for considerably less than the 2K that the OR advised me would be the threshold of 'interest'.
Hope this helps,
Steve.

Nicpas

Hi
Thank you for your response, stupid to think tho that the loss of earnings would be taken only as I would have been earning that and able to keep it anyway, totally ludicrous however my injuries are looking at at least 10k which will be considerably more than 7 weeks loss of earnings so I guess I should be thankful. However I’d rather be fit and well haha

Nicpas

Thank you for your help and clarification on your situation, it’s nice to know that I won’t suffer in all ways with not getting the compensation I’m due, I’d rather not have been run over and I could work this close to Xmas but hey I’m alive and great full.:beer:
Thanks again