I have read tons of posts but all answers seem to contradict each other, I will give my circumstances and would appreciate any answers , thanks in advance !
Hi , I was Involved in a car crash in Dec 2011 , had whiplash, neck and back injuries for a few months, still get the odd pain in lower back but all in all much better then initial months , car cost thousands to fix and my insurance company put me in touch with a claims company . I was hit from the rear on a roundabout and ins and claims company now saying that due to the roundabout locn we may have to settle 50/50 as the courts usually go that way with roundabout accidents. I had 2 weeks off work where I missed out on bank holiday pay and weekend working , the following month I revieved 200 less then I would have so this amount was added to my claim . First Question is will I get to keep any money I recieve for personal injury ? Secondly will I have to pay over my loss of earnings even though had I had worked and gotten paid I would have kept the lot as it was within my 10% allowance?
Hi- sorry about the accident - having had 2 which have left me disabled I sympathise.
The main thing here is when I won my 1st claim the amount was not broken down into different elements just given to me as a lump sum.
So with that in mind, make sure your solicitor is aware of the IVA implications and ensure your elements are listed.
As far as I am aware you can still keep the pain and suffering element and I don't see why, if you can prove it, you could keep the wages if less than 10% as you say.
Hi Course. I am afraid you will get conflicting answers on this as it is down to your IP's discretion.
In BR the general rule applied by the OR is that loss of earnings are paid into the estate whereas compensation for pain and suffering is allowed to be retained. Until recently most IP's uaed the same guidelines.
However, for whatever reason ( and I have my own theories, expounded elsewhere on the forum), many IP's are now declaring the full compensation is payable into the IVA.
So, I am afraid, this is a question only your own IP can answer.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
