Clause for concern

Clause for concern

I got bashed off by an ambulance. Ironic as I’m a policeman. The ambulance service admitted liability and I have just been offered £100,000 to settle my claim.

While that is a lot of cash, I need another operation on my ankle and my career might be affected. From this amount, my solicitor says the £17,000 I was paid by the police while I was off work has to be repaid to the police service as claimed in the court papers. Is that right, as I had a contract to be paid sick pay and I don’t see why I should I repay it?

Answer

You need to check your contract of employment. However, having represented plenty of policemen/firemen/paramedics over the years it is very likely your contract of employment will have a clause in it that means you have to repay your employer.

If your contract has it, your employer has a right to bring a subrogated claim for the money paid to you while you were off work if that reason was because of a negligent third party. To put it another way, your employer paid you so you suffered no loss. However, your employer did this even though you couldn’t work. As such, they suffered a loss.

In summary, check your contract but it’s likely to be right.

Andrew Prendergast

Motorcycle Monthly November 2014

www.morebikes.co.uk

Posted by Andrew Prendergast. Posted on: December 18, 2014 at 12:00 am

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.