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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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My partner who is self employed owner driver (hgv) was

Customer Question

My partner who is self employed owner driver (hgv) was involved in non fault accident liability has been admitted. The Insurers have sent the loss of earnings claim to forensic accounts Toppings, the accident resulted in 4 days loss of earnings they have offered 1 day after looking at his tax return for April 2015, also taking in to account cost of sales giving average gross takings per day pre-accident £238.75 no problem with the daily amount just the offer of 1 day. They have responded "you are only entitled to claim your net loss of earnings, therefore after saved expenses" offer remains at 1 day, as this has caused him hardship is it correct the offer on 1 day
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Do you have a question for us?

Customer: replied 4 months ago.
How do I read your answer
Expert:  Jo C. replied 4 months ago.

i need the information I asked for?

Customer: replied 4 months ago.
OrderID(###) ###-####910 still unable to read answer
Expert:  Jo C. replied 4 months ago.

That is because I need the information I asked for?

Customer: replied 4 months ago.
Not aware you asked for any more information
Expert:  Jo C. replied 4 months ago.

Your post above does not contain a question?

Customer: replied 4 months ago.
My question - My partner who is self employed owner driver (HGV) was involved in non fault accident liability admitted. The insurers have sent the loss of earnings claim to forensic accounts Toppings, the accident resulted in 4 days loss of earnings they have offered 1 day after looking at his tax return 2015, also taking in to account cost of sales giving average gross takings per day pre-accident £238.75 no problem with daily rate just the offer of 1 day, They have responded "you are only entitled to claim your net loss of earnings, therefore after saved expenses" offer remains at 1 day, as this has caused him hardship is the offer on 1 day correct.
Expert:  Jo C. replied 4 months ago.

Yes, I've read the facts.

What is your question about this?

Customer: replied 4 months ago.
Is he entitled to the 4 days he is claiming.
Expert:  Jo C. replied 4 months ago.

It depends.

What is their justification for this?

Customer: replied 4 months ago.
letter received from Toppings dated 3/06/2016 "It is clear that you do not work every available day of the week. In the three months prior to the accident you worked an average of 19.33 days per month. The contention that but for the accident you would have worked 22 days in October appears unlikely. Given the above is reasonable to conclude that you would have worked at total of 20 days in October 2015 but for the accident, therefore a loss of two days revenue. The most recent tax return (year end 5 April 2015) shows the cost of sales 57% of turnover. I therefore calculate your recoverable loss as follows- Average gross takings per day pre-accident £277.62, projected gross revenue for 2 days £555.24, saved expenses at 57% £316.49, loss £238.75.Therefore prepared to offer £238.75 in full and final settlement.
Expert:  Jo C. replied 4 months ago.

I see. They are saying it isn't typical that he would have worked all four days.

Expert:  Jo C. replied 4 months ago.

Does he deny that is what his tax return shows?

Customer: replied 4 months ago.
He would have worked 5 days on the week of the accident, worked Monday, Tuesday accident occurred and replacement hire vehicle did not arrive until Friday pm so he lost 4 days work. His tax return is correct
Expert:  Jo C. replied 4 months ago.

Then surely he would not have worked that often ?

They are using his tax return to project his earnings.
If his tax return was correct and there was nothing unusual about that month then probably they would succeed with this deduction if they went to court. They are entitled to project.

Expert:  Jo C. replied 4 months ago.

He could ask them to check previous years if he is saying there is anything usual about this month though.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
what justification have they to offer 1 day, when the insurers have admitted liability.
Expert:  Jo C. replied 4 months ago.

They are using his tax return to project his earnings.
If his tax return was correct and there was nothing unusual about that month then probably they would succeed with this deduction if they went to court. They are entitled to project.

Customer: replied 4 months ago.
His normal working week was 5 days, unless a breakdown occurred, bank holiday or annual holiday. He is not saying he worked 7 days per week.
Expert:  Jo C. replied 4 months ago.

No but if the tax return is right then he only worked on average 19.33 days in the proceeding three months.

Expert:  Jo C. replied 4 months ago.

To claim for four days you would have to show that he intended working 22 days but for the accident which is hard to do.

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