Van Accident 2 years ago

Amrightnow

Van accident 2 years ago
Hi all am looking abit of advice , 2 year ago this month I was involved in a head on collision when I was driving from job to job . A bit of info about myself am self employed plumber and work for myself. So accident happened the other driver pulled across my lane and we had a head on crash . My van was wrote off I was carried away to hospital in ambulance , long story short the other driver was charged with dangerous driving and his insurance company admitted liability on his behalf . I was shook up no Brokin bones but whiplash and back pain. After a week it was clear I was in a lot more pain than I thought again cutting down on the detail abit I was unable to work for 26 weeks I had no personal injury insurance so I was forced to seek help from dole ie sick pay . Some how I was intilted to it was means tested and I was great full for the help. Eventually I got back on my feet I was able to work again ( again I have to say my back pain and whiplash kept me outta work due to my job been 100% physical every day ) so I accepted payout for replacement for my van I submitted a loss of earning report from my account 2013 audited accounts ie proof of earning post accident . My loss of earning is about €18500 net and this is the sticking point with the insurance company , even though I can prove with post accident earnings . I just feel like am been made feel like guilty party here , I was injured and was forced outta work thru no fault of my own not to mention the thousands of euros worth of damage of tools that am told I can't claim for because I was not insured for tools in transit . The crash also nearly but my business under am a young guy in my mid 20s and the loss of contracts and customers when I was off work ( also very hard to prove ) when self employed . So if you are still reading ha! Has any1 got any advise of A : how long more will this take to settle B: how much compensation should I be expecting for loss of earning and for my I jury's any information from people who have been in similar suituation or who are in the know will be really appricated thanks

Kristopherus

Get a good solicitor, who has a good knowledge of earnings assessment and the ability to work to your full potential, to get after the insurance co. IMO you may have a claim for loss of future earnings as well.

Amrightnow

I have a solicitor if she's good enough remains to been seen basically I've submited my information and proof to insurance company they just taking so long to settle it with me , my solicitor said I may not get 100% of my loss of earning , but I think this is so wrong if I was employed this wouldn't be an issue . At this min am so tired of been threated like am trying to rip sum1 off or trick sum1 at the end of the day am the only 1 who has suffered here and loss out

No Pants

Your solicitor works for you. If you feel that the insurance company is taking too long, tell her to do something about it.

Pro Hoc Vice

Amrightnow wrote: »

I have a solicitor if she's good enough remains to been seen basically I've submited my information and proof to insurance company they just taking so long to settle it with me , my solicitor said I may not get 100% of my loss of earning , but I think this is so wrong if I was employed this wouldn't be an issue . At this min am so tired of been threated like am trying to rip sum1 off or trick sum1 at the end of the day am the only 1 who has suffered here and loss out

It's really simple the only person who can decide if they want to settle (offer value) is the insurance company. For many reasons they may drag their feet forcing litigation, but they in reality have control of that side. If as plaintiff you are not happy then your only option is to force the matter to hearing. Depending on what stage the proceedings are at 2 years may not be very long.

Remember it's your claim so up to you to prove each element of that claim. It is more difficult (not impossible) for self employed to prove loss of income. If you have the verifiable proof then no issue but be aware the insurance company won't just take the plaintiffs word it will require more than that.

When taking litigation one has to accept it may not settle and a hearing may be required.

Amrightnow

Yes I understand proof is everything besides my loss of earning which am sticking ridgid to the injury side of the claim whiplash and back pain which kept me outta work 4 over 6 months has anyone got any realistic figure I should expect . The average payout for injury varies so much on these forums , again I know it always depends on each case but if any 1 could give me a realistic guideline . I ask this because my solicitor reckons it should be sorted ie: they make me an offer now soon. Again I like to know as much information as possible , and I want to be prepared thanks to yous guys who reply

bbam

The whole thing is horrifically slow.
I have a similar accident in 2009 and it's not settled yet.
I have permanent injuries and had to change occupation as a result with a loss of earnings.
Liability was accepted by the insurance company, PIAB passed on my case to court due to the complexity of the case.
The system is very slow.

Amrightnow

Thanks bbam yes very slow indeed , I think my case might be going down that route 2 , an email sent from insurance company to my solicitor outlying faults with my proof of loss of earning was a missing date on top of 1 of the 7 page report submitted by my accountant lol like come on that's all they could fault on it .i quickly rectified and re submitted report as well they keep asking for previous years earning which I handed in and now 2 weeks ago they requested 2013 accounts , which ment I had to sign off on my books which cost me €1100 ( accountant fees ) that don't need to be done until this October this year. They keep requesting more and more evidence , as I say am looking for a figure that I think am intilted to so proving isn't the issue, the issue I have is the total lack of action from insurance company.

bbam

I'm PAYE and it's slow so I'd understand how it's slow for self employed.