mileage rate applicable for special damages?

stikywikit

I have had ongoing medical treatment following an accident a number of years ago. An itemised record of mileage incurred (as a direct result of attending medical appointments) has been kept. What mileage rate is normally applied in this instance? I was going to use this. Would that be acceptable?

Blackrockcomet

Yeah, I've used AA and Civil Service mileage allowance before (for settlement talks, my calculations haven't been tested in a court) and both have been largely accepted. It's a quite subjective thing and is usually open to argument but as long as you can show that the figures are coming from somewhere legitimate and you can back them up, you'll be grand. I'd put absolutely everything in, get the figure as high as possible and expect some reduction

stikywikit

Blackrockcomet wrote: »

Yeah, I've used AA and Civil Service mileage allowance before (for settlement talks, my calculations haven't been tested in a court) and both have been largely accepted. It's a quite subjective thing and is usually open to argument but as long as you can show that the figures are coming from somewhere legitimate and you can back them up, you'll be grand. I'd put absolutely everything in, get the figure as high as possible and expect some reduction

Insofar as I can see, AA calculated mileage rates must surely be a legitimate point of reference in this regard. However, it has been suggested to me that this rate (which would work out at 78cent/KM) is unacceptable - and that somewhere between 30-40cent/KM is 'normal'.

Do I have to accept this level of reduction?

Peregrinus

AA mileage rate, so far as I know, represents the average cost of running a car, and includes a share of fixed costs like financing the purchase of the care, insurance, etc.

However, what you are entitled to in compensation is only the additional costs incurred as a result of the wrong that was done to you. Given that you already own and insure a car, what extra costs do you incur in driving to your medical appointments? So we are looking not at the average cost of driving a kilometre, but the marginal cost of driving one extra kilometre. So extra fuel costs, extra depreciation on the car; these are things you would have saved if you hadn't had to go to the appointment. But the care wouldn't have cost any less to buy or insure if you didn't have to go to the appointment.

stikywikit

Peregrinus wrote: »

AA mileage rate, so far as I know, represents the average cost of running a car, and includes a share of fixed costs like financing the purchase of the care, insurance, etc.

Having looked at the breakdown of the aa rates, I see your point. What organisations mileage rate would be most appropriate to use?


A friend recently received a legal bill - the breakdown of which included a rate for mileage of €1/mile+VAT. What mileage rate are they likely to have referenced back to?

Peregrinus

stikywikit wrote: »

Having looked at the breakdown of the aa rates, I see your point. What organisations mileage rate would be most appropriate to use?

No idea. I think you may be asking the wrong question. The question is, what did it actually cost you to get to your appointments? Or, what's a reasonable estimate of the cost to you of doing so? You have a rough idea of your own car's mileage; you know how far it is to the doctor; you know what petrol costs; you know more or less what parking charges (if any) you paid during your visit; you know how often you visited. If you estimate your fuel and your parking, you've covered the major marginal costs of the journey.

stikywikit wrote: »

A friend recently received a legal bill - the breakdown of which included a rate for mileage of €1/mile+VAT. What mileage rate are they likely to have referenced back to?

No idea, but it wouldn't necessarily be appropriate here.