Self Employed losses after Road Traffic Accident

Drive4it

Hi all.
To keep it short, I'm a self employed taxi driver.  Back in Feb 2020 I was involved in a RTA.
The other driver accepted responsibility which I have written proof inc insurance and police proof. 
Now, loss of earnings over 10 days whilst I had no vehicle was contract work I had to get covered by other taxi companies which i have full proof of bookings and also the invoices from those that covered my work.
Her insurer has said they want proof of previous years books and will settle on that figure by dividing profit by 365 days, then multiply by 10 days. This figure is almost non profitable due to other costs of business through the year, plus my work is seasonal so when the accident happened was in my peak period. Please can someone advise as her insurer and the claims specialist they use wont back down. On another note my insurer are terrible in regards to service 

Thanks all

Ectophile

You can't force them to change their minds.

What you can do is send them a Letter Before Action, telling them that you will sue them if they don't pay the right amount.  But that's an empty threat unless you are actually willing to sue them.

Supersonos

Drive4it said:

Her insurer has said they want proof of previous years books and will settle on that figure by dividing profit by 365 days, then multiply by 10 days. This figure is almost non profitable due to other costs of business 

If they're looking at your average daily profit, this, by definition, is profitable and takes into about "other costs of business."

Seems fair to me.

KimJongUn88

Ectophile said:

You can't force them to change their minds.

What you can do is send them a Letter Before Action, telling them that you will sue them if they don't pay the right amount.  But that's an empty threat unless you are actually willing to sue them.

Perhaps the right amount is the figure that they come to when using their average calculations otherwise they wouldn’t use it.

Car_54

Do you really work 365 days a year?

Le_Kirk

Car_54 said:

Do you really work 365 days a year?

Doubt that is true, so the insurer should divide the total profit by the number of days worked over the period and multiply that by 10.

Hermione_Granger

Drive4it said:

plus my work is seasonal so when the accident happened was in my peak period. 

Do you have anything from previous years that you can show to the insurers to prove that February is normally your peak period?

MinuteNoodles

What they earned previously is irrelevant if they've got a contract currently being operated on and in force covering the period with proof of the bookings and proof of invoices sent by who they had to get to cover.

Herzlos

I'm curious (and appreciate this isn't helpful now), but why didn't you hire a replacement taxi to use and claim that cost back? It'd be a lot more easily quantifiable.

The_Rainmaker

Herzlos said:

I'm curious (and appreciate this isn't helpful now), but why didn't you hire a replacement taxi to use and claim that cost back? It'd be a lot more easily quantifiable.

That was my thought.

DUTR

Herzlos said:

I'm curious (and appreciate this isn't helpful now), but why didn't you hire a replacement taxi to use and claim that cost back? It'd be a lot more easily quantifiable.

It's the vehicle itself that is licensed and it's not transferable.