LOSS OF EARNINGS
If you are claiming a loss of earnings, you are under a duty to seek and undertake any reasonable treatment, which may assist your recovery and return to work. You will be obliged to consider any reasonable steps to return to alternative work or light duties or part time work, if you are reasonably able to do such work from a medical point of view. These matters should be discussed with your GP if you are in any doubt.
If you do not take reasonable steps to mitigate your loss then your claim for loss of earnings may be reduced. There is a legal duty to keep your claim and losses to a minimum and these notes are intended as a guide.
DAMAGE TO VEHICLE
If you are claiming damage to your vehicle, and you are insured on a third party basis the other party’s insurance company is likely to want to inspect it and the sooner this is done the better.
If the vehicle is repairable but not driveable leave it at the repair garage for their engineer to inspect it.
If it is legally driveable obtain two repair estimates and send them to us.
An appointment for inspection will be made, so tell us where the vehicle will normally be or let us have a daytime contact number which we will give to the engineer.
If the damage is only slight then the insurance company may not need to inspect the vehicle.
The insurers are not themselves obliged to instruct the repairers. This is your responsibility. If you are not in a position to pay for the repairs, it may be possible to agree a repair value with the insurer, even if liability is in dispute. However, the insurer is not obliged to make an interim payment if they do not wish to do so and therefore it may be your responsibility to pay for the repairs and seek to recover the cost as part of your claim.
If the vehicle is beyond economical repair, then be careful about storage charges as these can mount and you are personally responsible to pay. Often it is possible to recover these as part of your claim. However this is not always the case and if possible move it to your home address, or a place of free storage.
If the vehicle is not on a public road, the tax should be surrendered.
Written off Vehicles
If the vehicle is written off you are only entitled to the pre-accident value and this may be less than the vehicle was worth to you. It will almost certainly be less than you paid for it. Information about the amount you would be entitled to receive can be obtained from the Classes Guide or by reference to the prices of similar vehicles advertised for sale in the press or magazines such as the Autotrader.
If your insurance cover is comprehensive you must deal with your own insurer direct regarding arrangements for repair or payment if the car is written off.
You are obliged to report the accident to your own insurance company and complete an accident form even if you are not going to claim against your own insurer.
If an accident management company is handling your claim do not assume this means you do not have any personal liability to mitigate your losses.
In particular it is your own responsibility to liase with your own insurance company if you are insured on a fully comprehensive basis.
As a rule of thumb to avoid problems, ensure that you do not remain in a hire vehicle for a prolonged period.
HIRE OF AN ALTERNATIVE VEHICLE
If you need to hire an alternative vehicle, hire the cheapest possible, since the law may not enable you to recover the cost of a similar car to your own.
Keep the hire period to a minimum
If you are hiring, obtain competitive estimates and authorise your own repairs, but ensure that:
- You are satisfied that the repair costs are reasonable.
- The garage retains any damaged parts for inspection.
You advise us so we can put the third party insurer on notice. Your insurance company consents, if you have Comprehensive Cover. During the repair, make sure that the garage is going ahead as quickly as possible.
If repairs are likely to be lengthy, consider the possibility of buying a temporary vehicle.
If your vehicle can be made driveable, have a temporary repair carried out.
If your vehicle is a total loss and beyond economical repair then your entitlement to hire is limited to a reasonable period for replacement of your vehicle. You are not automatically entitled to recover hire charges simply because you cannot afford to replace your vehicle until the insurance company pays out.
The court will look at various factors such as:
- Could you have the use of another family or company vehicle. Whether a courtesy car was available from your own insurer or repair garage.
- How often you need to use the hire vehicle and for what purpose. Would it have been possible or cheaper to use public transport or taxi service.
- Can you pay for the repair or purchase of another car yourself. The court may enquire into your financial circumstances. Instead of hiring, consider whether you would be satisfied with compensation for loss of use of your vehicle. This could be in the region of £50.00 - £75.00 per week.
It is not possible to claim loss of use as well as hire costs for the same period.
There are also some other points to consider:
Personal accident premiums and petrol charges are not recoverable on hire accounts. Check car hire prices with other companies.
Please make sure you obtain a receipted account. You may be able to insure the hire car under your own insurance, rather than that offered by the hire company, at a cheaper rate. You will always be personally responsible to pay the hire charges even though you may have hired a car on credit terms. This is not a free service and the hire company will want payment when your claim is concluded even though the other insurer may not be required to pay some or all of the hire charges.
