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Car Accident - Loss of Earnings

(19 Posts)
hamble123 Tue 31-Jan-17 14:48:48

My daughter has just called me from hospital to say that she has been in a horrible car accident; she stopped in the road to avoid hitting a stray animal and a truck crashed straight into the back of her. The car (a courtesy car as her own car is being repaired) is a write off, every single window had blown in. My 6 year old granddaughter was a passenger in the rear of the car.

My daughter says that they don't appear to have any broken bones, although her neck is hurting and the little one says her wrists hurt. However my daughter is more worried about her work situation; she is a single mum on a zero hours contract with very low pay. If she can't go to work, she won't get paid. (Btw; the father is long-term unemployed and does not pay maintenance).

The police have told her that she is not at fault, the other driver is. Is there any way she can claim for loss of earnings from his insurance? Does it take many weeks or months to arrange (I may need to bail her out so she can pay her bills). She isn't keen to get involved with those solicitors who like to 'represent' people who are caught up in car accidents but I think she needs someone in her corner.

Also she gets housing benefit; if she receives any compensation will she have to pay it all to the housing benefit department? She is currently still in shock and says she can't think straight.

kormachameleon Tue 31-Jan-17 14:51:40

Message withdrawn at poster's request.

PancakesAndMapleSyrup Tue 31-Jan-17 15:14:00

She may be able to claim however bei ng on a 0 hrs contract is going to cause her a huge amount of aggro. Also as the above poster said she will have to fund herself for the time being this is not a quick thing. Does she get regular hours despite her contract can she prove this? How long has she held her job for? Logistically the insurance co will just try to not pay her at all for lost wages. Its taken me 4 years of lost earnings after my RTA which has caused me permanent damage AND i didnt recoup all of my earnnings either. i was royally fucked over by the system.

specialsubject Tue 31-Jan-17 15:39:50

First thing is to speak to the garage and get the insurance details for the courtesy car. Then kick off the claim for it. The child seat should be included - it can't be used again. Keep it for now as evidence, but make sure it is destroyed.

Hopefully she will have her own car back soon to solve the transport problem.

MycatsaPirate Tue 31-Jan-17 15:44:05

I think the best thing is to push for a courtesy car ASAP as claiming for loss of earnings can take a long time. Dp's claim took 3 years to sort although he had massive injuries as well. But regardless it was a headache and alot of paperwork.

I would look at seeing if the other drivers policy will cover a courtesy car until her car is back from the garage.

Ilovecaindingle Tue 31-Jan-17 15:46:45

She was lucky as I was told on driving lessons that the law didn't allow for the stop or swerve of animals in a crash situation. .
Glad they are OK. My ds smashed his car last week but no other vehicles involved.

cdtaylornats Tue 31-Jan-17 22:02:34

Surely it depends on the animal, if its a cow, deer or horse hitting that could be fatal.

Collaborate Tue 31-Jan-17 22:24:37

She isn't keen to get involved with those solicitors who like to 'represent' people who are caught up in car accidents

I'm curious about the alternative. A solicitor who doesn't like to represent people like your daughter, or a specialist in corporate insolvency?

hamble123 Wed 01-Feb-17 00:05:59

Thank you for your replies. I haven't been able to speak with my DD today, she sent a text message to say that the morphine given to her at the hospital was wearing off. She isn't going to work in the morning as she will try to get an urgent appointment with her GP.

I will try and buy a new child car seat online for her - I had totally forgotten that after an accident a new one is needed even if the current one looks ok and I thank the poster 'specialsubject' for the reminder.

When I spoke with my daughter yesterday, she seemed to be quite concerned that the driver who went into the back of her might lose his job, which is why she is reluctant to engage a solicitor, even if it is 'no win, no fee'. She's also frequently been annoyed when getting text messages from these 'ambulance chasing' solicitors. I think I'm going to have to pursuade her to do so and I'm concerned that if she can't go to work what does she think she's going to live on?

kormachameleon Wed 01-Feb-17 00:49:01

Message withdrawn at poster's request.

MidniteScribbler Wed 01-Feb-17 01:16:52

She's not even all that injured though, is she? I imagine you would only be able to claim for any hours she is actually rostered on and cannot work. Sounds like she's trying to milk this one, sorry.

MelOrSue Wed 01-Feb-17 11:42:35

I'm curious why she is going to the doctors? Surely the hospital give her a full check up and her any pain medication prescriptions that she might need?

If she want to consult an accident lawyer then she should do some research and make sure she uses a reputable company. She shouldn't use anyone via those obnoxious unsolicited calls or texts obviously.

It's obviously terrible that her daughter was in the back seat but at least it makes it obvious that your daughter wasn't doing a 'crash for cash' job. Stopping randomly in the middle of the road is never going to look good even if, as with your daughter, she is not at fault.

Has she got anything from the police? I'm not sure that them telling her she was not at fault relates to insurance claims iyswim.

SaltBae Wed 01-Feb-17 13:46:05

Sorry to hear you're in this situation - just as a by the by, I always thought you were not meant to suddenly stop on the road for animals as it cause cause a crash exactly like what happened.

I do try and slow down if I see animals near the roads but I was always told if you are away to run an animal over not to swerve or stop as it can cause accidents...?

specialsubject Wed 01-Feb-17 14:04:09

Why does she need a separate solicitor? There will be insurance cover on the courtesy car.

If the too close driver who caused the accident loses their job - tough titty . lesson learned. Yes, you shouldn't swerve or stop for small animals but the fault is still with the person who didn't leave stopping distance.

Pinkapple47 Wed 01-Feb-17 14:23:26

If you go into the back of someone, it's your fault for not leaving enough space. Reguardless of why the car infront stopped.
Why is she seeing GP? If its to 'document' injuries, shes already done this by going to the hospital. If she needs morphine for her neck then its propably more than whiplash and she should defiantly claim, neck or back injuries cause long term damage, I know that from experience.
Yes to a new car seat. I doubt the driver of the lorry will be fired, companies who employ drivers will know that there will probably be some accidents.

Hoppinggreen Wed 01-Feb-17 18:46:09

I slowed down for a rabbit in the road ( probably shouldn't but it was automatic)
Some one ran into the back of me and the policeman who attended said that it was completely the fault of the driver behind.

hamble123 Wed 01-Feb-17 21:06:36

Kormachameleon & MidniteScribbler; I haven't managed to speak with my DD since the accident on Monday - I am an expat overseas and we are in different time zones, but we have been texting.

From what I can gather, the accident happened just after a bend in the road, it was dusk and raining and the truck (a very large one) slammed into the back of the car (daughter thinks he was going quite fast at the point of impact, even as much as 20-30 mph).

I've always understood it to be the case that if someone drives into the back of you, it is always their fault as they should have kept a safe braking distance from vehicles in front, especially on wet roads where one needs to allow extra braking distance.

I know she was going to see the doctor today as she sent a text to me (4.30am) ....she had not slept last night due to the pain. I honestly don't think she is trying it on, her own car is now ready for collection and she says she did a 6 point test to see if she could turn her head and look over her shoulder but can't do it and is too scared to go and drive her car home from the garage. She does have regular hours Mon-Friday but is not paid if she doesn't go in. I guess it will be a bail-out from the bank of Mum and Dad so she can pay the top-up for her rent and buy food until she feels fit enough to go to work, but I think she may need to have physiotherapy.

Downstairspoo Wed 01-Feb-17 21:10:50

If she has legal cover through her insurance they will assist her

MelOrSue Wed 01-Feb-17 21:43:33

i could have run into someone the other day who had stopped for a pheasant to cross the road. She had stopped just around a blind bend on a 60 road. Fortunately I know the road well and am a cautious driver so was easily able to stop, I was still incredibly pissed off with the stupid driver as she put me at risk of being rear ended by any cars or trucks coming up behind me. She seemed oblivious to the risk of causing an accident.

I understand stopping for deers etc but to stop for a pheasant is bloody idiotic (unless it's completely safe to do so)

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