Personal injury

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Aisha

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Joined: Tue Oct 17, 2017 2:10 pm

Post by Aisha » Tue Sep 18, 2018 12:11 pm
Hello everyone, just wantedabit of advice in regards to what money will have to be paid into an iva when my personal injury claim is settled.
I didnt claim for loss of earnings all i claimed for was personal injury.
Is personal injury classed as pain and suffering?
I have read online you only have to pay towards the iva if you claimed loss of earnings. Is this correct?

Thank you

Foggy

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Location: United Kingdom

Post by Foggy » Tue Sep 18, 2018 12:41 pm
Insurance payments are not defined in IVA terms and conditions, but IP's tend to follow the practice as in bankruptcy. So, how your own IP will treat the compensation is down to them. Those that follow the BR procedures (as most do) will allow you to retain compensation for "Pain and Suffering" and, generally, it has to be described as such by the paying body. "Personal Injury" is open to interpretation and, whereas I might class this as a pain and suffering payment, others might not.

You do need to have a chat with your IP.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

Aisha

Posts: 27
Joined: Tue Oct 17, 2017 2:10 pm

Post by Aisha » Tue Sep 18, 2018 6:22 pm
I have spoken to the caseworker and she has said payment for pain an suffering i can retain. Anything for loss of earnings i have to pay into the iva.
I just need to provide a breakdown of my claim to the them. They are in touch with my solicitors to obtain all the information that is required.
Thank you for your help
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