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Title: I need money now!

Date: 05 December 2012

Question

I had pretty major injuries in May 2011 when I was side swiped by a coach. I am still not at work (carpenter) as I still need surgery. I have required a great deal of care which my wife and daughter have provided. I have also spent a lot of money on physiotherapy and gym exercise to try and get back to my former fit self. The coach driver’s insurance company admitted that the accident was their fault but their solicitors are refusing to give me enough money to get by. I have no more savings and am at a loss as to how I am neat to survive without an income. They have only paid me £5,000 so far in addition to paying for my written-off Ninja. What can I do as my family is suffering?

Keith Gregory, Monmouth

Answer

The good news is that liability has been admitted. The bad news is that the solicitors acting for the coach company are either being mean or your solicitor is not requesting adequate interim payments. An interim payment is a “payment on account” of your compensation claim to tide you over until such time as you are compensated in full. I don’t know what you were earning before the accident but the average carpenter gets paid about £28,000 per year.

Assuming you have medical evidence linking the accident to the inability to work and evidence that you were likely to have continued to earn had the accident not happened and you can prove a history of pre-accident earnings then there is no good reason why you cannot force the Defendant to pay you your lost income to date (as well as other financial losses).

£5,000 sounds woefully inadequate so I suggest you speak to your solicitor and ask him/her to threaten a court application for a significant interim payment in the absence of the Defendant paying up within 14 days.

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