Personal Injury Claim?

[Jamie247]

Hi may this year i had a accident someone went into me, and had to go to a&e via paramedics, now i have been advised irwin mitchell is acting on my behalf and hoping to received 2400-2800 compensation ths is for injury only i wasnt off work or anything now i have had a look on vangaurd terms and conditons but dont know what am looking for, would irwin mitchell tell my iva company what i am going to receive even though they dont know am in iva, and would all this have to go into the arrangement just hoping to get married and this would pay a big bit off?

Jam

[Jamie247]

anyone?

[kallis3]

I have no idea but hopefully one of the experts will be along either later or tomorrow.

[Foggy]

OK --- as far as the IVA is concerned, this payment can be regarded as an after acquired asset and, as such, payable in total into the IVA estate.
However, under bankruptcy, compensation for pain and suffering is allowed to be retained and most IP's follow that lead and apply it to an IVA. However, some don't !

Only your own IP can tell you which way they will jump.

[Jamie247]

no worries will inform my iva company was i get a offer and see what they say, would the compensation people inform them? or not

[Foggy]

I doubt the insurance company would inform your IP, but these things often have a way of being discovered, and that would put the IVA in jeopardy.

[walesdave]

£11800 for a motorbike crash; £11000 pain and suffering, £800 for quantifiable damage (clothing, helmet etc.)
I was open with Stepchange and they demanded the lot.
Reminded them of the clause that said they followed the same rules as bankruptcy - they got a bit threatening....
I suggested they check with their own in house legal advisors as if I sued they'd have to pay my legal fees when I won
Next day, sheepish call admitting their own lawyers agreed with me and could they have £800 instead (they part of the payment that wasn't for pain and suffering).
Check your paperwork for a clause that says they follow the same principles as bankruptcy, and if it's there, stick to your guns....

[Jamie247]

Where would it be in my paperowrk? ive checked terms and conditons but cant see anything>

[Jamie247]

Does anyone know if kinggate follow the BR rules? jsut cant see it anywhere?

[Foggy]

If there is no clause as Dave had, it will be down to your IP's discretion. There is no binding term in a standard IVA.

[walesdave]

Hi Jamie
I can't find my IVA paperwork - think I binned it after getting my CC.
But after a bit of Googling!!!
You need to look for something like this in your IVA agreement (I remember this is very similar to what I had)the bit I put in BOLD is the important bit:
"f) “excluded assets” are those assets that are excluded from an estate in bankruptcy and any other assets identified in the proposal as being excluded from the arrangement;
“after acquired assets” means any asset, windfall or inheritance with a value of more than £500, other than excluded assets that you acquire or receive between the date the arrangement starts and the date it ends or is completed"

[Jamie247]

Would this be it the only other assets I have are general household effects which are excluded from the arrangement as they would be excluded in bankruptcy by vitute of the proviso on of section 283 of act?

[Michael Peoples]

I am sure your IP has come across this before so just ask them. If they refuse to exempt the pain and suffering element then demand to see their legal advice and then take your own. However they may just say to keep the money and look for a copy of the award for their files.

[Jamie247]

Spoke to Iva company if it's for pain and suffering its all mine haha, but anything else would go to them

I don't know why I just don't ask them just scared of them ha thanks for your help guys don't know what I would do without this forum

[walesdave]

Well done! Enjoy the cash...and hope the pain and suffering isn't too bad