Car Accident

[debt attack]

Hi
I have recently had a car accident (non-fault).

As a result I've started to pursue a claim.

I've contacted my Case Officer to ask if I would have to hand any of this over to my IVA becuase if I did then I don't see the point of pursuing the claim.

My Case Officer said when I have received the settlement it would need to be reviewed by the Supervisor and they would decide.

Does anyone have any experience of what has happened in the past? I just don't see there being any reason to pursue if the claim is going straight into my IVA?

Any help would be greatly appreciated.

Thanks

[lem]

Do you not need the settlement to pay for repairs to your car or replace it?

[Tina Shortland]

Hi Debt Attack sorry to read about your accident - hopefully it wasn't too serious and left you with any permanent injuries. Your superviser should be able to tell you ahead of receiving the claim whether it is classed as a windfall depending on the terms of the agreement. It may be if it is below a certain amount it won't be so it is worth knowing.

That aside, for the benefit of your creditors in getting more of the debt repaid it is worth making the claim, yes you may not benefit personally but you know you have helped repay more of the debt on top of your IVA payments. If the payment is expected into the IVA you may not have a choice on whether to claim or not as it justifiably due to you and ultimately your creditors.

Keep us posted and hope you have made a full recovery.

[debt attack]

The insurance covered the repairs, and the car is 6 years old so I don't expect it will need replacing just yet.

I just feel its a little pointless pursuing if all of its gets swallowed up into the IVA.

I have asked the case officer if there's any guidance as to how much is expected to be handed over.

There are plently of things I could spend it on...like the kitchen and bathroom are falling to bits...but I have a feeling the supervisor will not be sympathetic to that

[GilliB]

Hi Debt attack. I had a no fault car accident in 2010n and was injured. My settlement was £2k. I informed my CO from the outset. I asked permission to replace all the white goods in my kitchen, as they were all over 10 years old and playing up, and I would not have had any other means to replace them. This was granted, as well as monies towards my daughter's school trip. I paid nearly £700 into my IVA. I would say it is worth claiming as you may be able to use some of the money for essential items. Also, it means a greater return for creditors, which for me personally is really important. All the very best to you, and please let us know how you get on

[MelanieGiles]

Sorry to hear about your accident, but the whole purpose of an IVA is to pay back as much as you can to creditors so there is point in pursuing the claim and your IP may well want you to do so.

[antm]

I hope no one takes this the wrong way as its not meant, but unless its an injury why claim??

I had a bump back in november, banging headache for about 2 days after but thats it, i was harrassed by no win no fee claims people, i still don't know who gave them my number but promising me £3k or more as i wasn't at fault, this went on for months and i still get calls now. I turned round and said to them, its there fault my insurance will go up this year, the more that people claim the more pressure the insurance companies put on us the consumer to cover these costs.

Now of course if its a serious injury then claim away,if the expenses are needed for medical help or hire car while the damaged one is in for repairs etc. im all for it but if its just a bump and no lasting damage, i really don't see the need.

Again i really don't want to affend anyone, just my pennies worth.

[Broke of London]

I agree Antm. All this suing one another has left us all in an insurance pickle. The person who caused the smash doesn't pay...we all do.

[GilliB]

Hi antm. I respect differing opinions but I believe monies should be claimed if one is entitled for the benefit of her/himself and/creditors. My most recent accident was caused by the reckless behaviour of the other driver, who was prosecuted. The examining Doctor advised my that my injuries should settle within 3 months, but nearly 2 years later I'm still having problems. In hindsight, I should not have settled at the time, but I needed the money for the things stated in my first post. I have had 4 cars written off in 22 years - none my fault. -'ve always been left out of pocket when replacing them, but always claimed through my insurance, because that's what it's for, and ensure I protect my no-claims bonus. I wish Debt attack all the best in moving forward in the most appropriate way for her/him

[Skippy]

I agree antm. As BOL says all that's happening is it's pushing up insurance premiums for the rest of us.

[lem]

I do agree with Bol here, it's all very well saying that you should claim for the benefit of your creditors, but every other insurance payer in the country is stumping up in increased premiums to pay for claims such as these which in my opinion is wrong. I am all for claiming for genuine claims whereby it affects your ability to work and therefore earn a living but where you have endured no financial penalty then there should not be any reason to claim

[GilliB]

I am alarmed that you don't think innocent lawful drivers should not claim on the insurance they have been sheeling out hundreds of £ per year for unless they have been affected! I have been injured 3 times and claimed each time because of my pain and suffering as well as financial loss.

[Broke of London]

I live in an area dominated by one ethnic/cultural group that is known for being quick to sue - I'm not being racist, someone of that group explained that was why I couldn't get affordable insurance in my postcode for a lot of cars. As an indication of what's to come if everyone becomes litigious...I have been driving for 17 years with 10 years no claims and it would cost £3,995 with £950 excess to insure a Smart Car (which is in one ofthe lowest insurance bands). At my boyfriends house the cost is a little under £400 with a normal excess because it isn't a litigious area. It's important that when people claim just because they're entitled to they see the costs of their claim on society.

[antm]

If there is true pain and suffering and high medical costs i agree a claim is the best way forward, but take my accident, slight bump about 1k worth of damage to my car. Car was sorted back on the road after 3 weeks, my head ache and back ache stopped after 2 weeks. Why should i claim for a 3k settlement, i just can't justify it. Both morally and with my integrity, would always be looking out for those claim catchers and probably i would be doing something i claimed i couldnt lol!

[kallis3]

BOL, that's a disgusting price for insurance!!!

Agree with antm, if there is true pain and suffering then by all means claim. Something that disappears after a couple of weeks then I couldn't justify claiming for that either.

I heard on the news yesterday that they are supposed to be trying to clamp down on the 'whiplash' claimants - about time!!!