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?
Answer
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.
Andrew Prendergast
MCM September 2014
