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.
Andrew has been riding motorcycles since he was 10 years old and currently rides a GSX1400 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.
To the point of Mr Grewal going beyond what could be reasonably expected! From initial contact to final closure the case was dealt with professionally Read more...
Neil October 2, 2014
Good comms + good result
Lloyd October 2, 2014
Knowledgeable & genuine helpful. Martyn and his secretaries have been very professional Read more...
Amanda October 2, 2014
Through your hard work and due diligence you have made what could have been a very tough and frustrating 4 years into a calm, logical and well explained Read more...
Bernard October 2, 2014
Very well. Well Informed
Samuel October 2, 2014
Professional & prompt. I am over the moon with the service and I would definitely recommend you to anyone