I have been knocked off my motorcycle by a bus. The company’s insurer has admitted liability, and I have just been offered £11,000 to settle my claim.
To be fair that amount is about right but there is a sticking point. From this £11,000 my solicitor says the £2000 in benefits I received because I was off work have to be deducted. I was absolutely fuming when I got the letter, and I told my solicitor they can shove their offer as I don’t see why I should have the benefits deducted. Are they wrong to tell me this, or is it actually the way things are meant to be?
As a starting point, the bus driver’s insurer has a liability to repay the state for the benefits you have received. The reason is their driver caused the accident which resulted in you needing benefits, and the state should not have to pay for it. Therefore, if you have in your mind you have already received some of your damages in advance by getting benefits, that may help you get your head around it.
However, you should ask your solicitor to double-check what you have claimed for as part of your claim against the bus driver, and also the type of benefits you have received. For example, if you received say £1000 for DLAM (Mobility Component of Disability Living Allowance) but claimed no compensation for loss of mobility during the relevant period, then it should not be deducted from your compensation.
MCM September 2014
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.