Lost earnings / 3rd party insurance claim - advice needed

map · Mr Calendar Joined: 14 Jun 2004 Karma :

My lad was a passenger in a recent car accident.
He was strapped into the middle seat in a Focus ST. It got rolled into a hedge on its side. Now a write-off apparently.

The driver is one of his mates. Gutted at the loss of his pride and joy, especially as only TPFT insurance.

My lad has a damaged back. A&E said just badly bruised, didn't even take x-ray. However, this has causing him to be off work. He works as a labourer, so not been able to bend, carry stuff, bash stuff, etc. He's classed as self-employed. Guy he works for effectively hires him. So no actual sick-pay from employer.

My lad doesn't want to cause any hassle with his mate but is wanting to know if he can get back any lost wages?

I'm thinking 3rd party claim on his mate's insurance but TBH I don't really know. Any other routes and possible recompense?

I'll await BCF advice. Thanks in anticipation Thumbs Up

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Minty · World Chat Champion Joined: 23 Dec 2005 Karma :

Has his mate reported the incident? I know he is TPFT but were other vehicles involved, are council/hedge owner claiming against his insurance.

In short, if nobody is claiming against his mates insurance then he needs to decide if he wants to be the only one that does.

If someone else already claiming then your son is just a +1 and has no real impact on his mate as the hit is already being taken.

Hope that makes sense.
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Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

Been there, done that.

Passengers are third parties and so can claim from the driver insurance. Thumbs Up

map · Mr Calendar Joined: 14 Jun 2004 Karma :

No other vehicles.
No damage to the hedge, it went into a ditch at the bottom of it.
Don't know if anyone council related is claiming. I would doubt it.

I also don't know if any of the other passengers are claiming against the driver.
I will try and find out.

Can my lad claim any benefits for being off work of he doesn't want to make a claim against his mate?
He doesn't want to further screw up his mate's insurance. However, I guess that's happened if he has to tell his insurance company. I got the impression he'd try and fix the car or sell for spares.
____________________
...and the whirlwind is in the thorn trees, it's hard for thee to kick against the pricks...
Gibbs, what did Duckie look like when he was younger? Very Happy

Ste · Not Work Safe Joined: 01 Sep 2002 Karma :

1198 · World Chat Champion Joined: 24 Jan 2013 Karma :

Yes, your son can claim for his lost earnings, and also his injuries if he so wishes.
It will put up his mates insurance premiums if he has a claim against him.
The choice of IF he wants to claim lies with your son. How injured is he? How long Is he likely to be without work? A day or two, he may wish to just suck it up. A few weeks, months, not so much.