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Thread: RTA Compensation claim

  1. #1

    RTA Compensation claim

    Following my major RTA on Christmas Eve I returned to work on a staged return on 15th Feb.

    I have not used a shot gun since and my fox shooting and deer stalking has been seriously curtailed. I had been feeding my duck flight pond prior to the accident so that didnt happen we should of shot a dozen or so mallard over the last part of the season. I had to cancell my planned Boxing Day rough shoot and had to decline two invitations to go pheasant shooting in Shropshire(beat one, stand one). My physio advised not to use a shot gun until I was fully recovered, so ruled out any decoying, roost shooting and alike.

    I can put a figure on the potential loss of my stalking thanks to a SD trade member for that info but what price do I put on the duck, rough, pheasant shooting? I didn't go foxing for 2 months, was mearly a passenger (poor lamp man as movement was so restricted).

    Contrary to media stories of mega pay outs for whiplash the suggested claim would barely buy me a decent scope and bins.

    Any suggestions for or actual payouts would be very helpfull.

    My claim is being handled by specialist lawyers (NewLaw Cardiff) appinted via my insurance company.

    Many thanks

    D

  2. #2
    You don't say what injuries you had ? That length of time of work did you get paid if not you need to claim for your loss of earnings etc id say over 3000 just for whiplash plus everything else

  3. #3
    I had a whiplash injury from a RTA (other driver convicted, banned and ordered to take a retest), I had legal expenses insurance and was advised that they would make a claim for around 2500 for whiplash injuries (subject to medical) and that based on a past Judgement/case law I would receive around that sum which proved to be correct. Regarding losses to earnings (self-employed) & activities etc. I was advised that this would be too difficult to prove and the idea proceeded no further. DO NOT EXAGGERATE YOUR CLAIM ! I know somebody that tried this for a six figure sum and ended up with a choice between dropping their claim altogether or being prosecuted for fraud! atb Tim
    Last edited by timbrayford; 27-04-2012 at 13:51.

  4. #4
    Cyres, if you want to PM me a number I will talk to you by phone. This is my bag, I settle PI claims for a living.

    In general terms, you can claim special losses if you have prepaid for shooting or stalking which you were unable to undertake. However, if you have simply been unable to enjoy your normal sporting activities for a few months while you recover - this is under the heading of "loss of amenity". This is a vague concept and hard to value - though it will have a value, but not much. I settled a claim for a man who had a torn rotator cuff and was unable to play golf for several years. I seem to remember paying about 3000 for this alone, but that was in NI where awards are higher than England.

    Your other heads of claim are loss of earnings, personal injury and anything else you can think off.
    Brian.

    Just because you are paranoid, doesn't mean they aren't out to get you......

  5. #5
    I got 3000 for whiplash 2 days of work neck pain for 2 weeks ! You must be able to prove loss of earnings if you can show what you were earning per month previous to the accident as for loss of your hobby that may be pushing things

  6. #6
    I would also suggest you very carefully consider your choice of solicitor. I would generally advise you go and see a good local guy who you can sit in front of for impartial advice.

    The last solicitor I would use would be one appointed by an insurance or accident managemenet company.
    Brian.

    Just because you are paranoid, doesn't mean they aren't out to get you......

  7. #7
    Thanks for the replies and PM's.

    No loss of earnings as I get 6 months sick pay as I work in the NHS, but they will be able to claim it back. However now on stage 2 sick monitoring despite previuos clean sick record, so could have big ramifications if I have any more lengthy sick leave

    Basically destroyed X mas with my 5 kids(I only have them every other x mas). Has completly buggered up my life for 3+months.

    What is worse is the liitle toad that hit me was going backwards as he had lost control of his car on a bend. If he hadn't of hit me he could have been severly injured/killed as he would have go into the crash barrier at 40-50+mph backwards.

    Police didn't prosecute him (I assume as there were no witnessess and he said he swerved to miss a deer!!). However turns out this particular bend on the A46 is notorious for crashes, almost daily occurance, A46 was closed thisThurs am for crash in same place.

    I have to drive down the same road couple of times a week so not nice.

    Just feel that the compensation isn't even enough to help recoup the out of pocket expenses and take the kids to Disneyland for a long weekend.

    Yet I bet the solicitors, car hire company will make more out of my accident thanI will recieve in compensation.

    Regards

    D

  8. #8
    Quote Originally Posted by Cyres View Post
    Thanks for the replies and PM's.



    What is worse is the liitle toad that hit me was going backwards as he had lost control of his car on a bend. If he hadn't of hit me he could have been severly injured/killed as he would have go into the crash barrier at 40-50+mph backwards.
    That sounds horribly familiar (only substitute 100mph), one good thing about the Nissan D22 is that they are pretty robust when this sort of thing happens, although I had to duck when a rear wheel (his, not mine) came through my windscreen . Unfortunately you get nothing for the inconvenience, just compensation for provable losses.atb Tim

  9. #9
    I will second that - get an independant solicitor NOT connected to the insurance industry.

    Quote Originally Posted by Claret_Dabbler View Post
    I would also suggest you very carefully consider your choice of solicitor. I would generally advise you go and see a good local guy who you can sit in front of for impartial advice.

    The last solicitor I would use would be one appointed by an insurance or accident managemenet company.

  10. #10
    Don't expect anything for loss of your shooting unless you can put a price on it and paperwork to show your losses
    I had that listed as a loss and trust me I did push that
    Never even been considered with out the paperwork to proove finiacial loss
    I am after 2 years just trying to sort out the finer details and TBH if I get the 5000 as per invited offers
    I will of done well
    Play hard and play dirty
    As being honest will get you no where
    That I do know
    I was diagnosed with a ruptured cervical disk between the 4th & 5th vertabrae
    The medical examiner in his report claimed it is all cleared up and I was available for the job market
    I know it is not and now just trying to get my solicitor to believe me and not the medical examiner
    Good luck in your claim

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