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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I was involved in an RTA IN January of this year, the

Resolved Question:

I was involved in an RTA IN January of this year, the vehicle i was driving was a specially modified Mercedes sprinter outside broadcast van for demonstrating Broadcast and studio equipment.I had been employed as the demonstration vehicle Manger for 3 years,working all over the uk and Europe, due to the nature of the damage sustained in the accident the vehicle was written off.Liability was accepted by the the third party (HGV driver) and payment for the vehicle is still on going.However, as a direct result of this incident i have lost (Made Redundant) a very lucrative and enjoyable job.So my question is, can i claim compensation for my loss as a result of someone else's negligence?Regards
John Harrington
Submitted: 24 days ago.
Category: Law
Expert:  Jenny replied 24 days ago.

Hello my name is***** am a solicitor and I am happy to help you today. Who do you think has been negligent in this instance?

Customer: replied 24 days ago.
Hi Jenny,The driver of the vehicle that hit me, had he not hit me then i would be still in a job!
Customer: replied 24 days ago.
Sorry can't afford to call you, hence the reason i used this service.And for £56 some form of response would be appreciated.
Expert:  Jenny replied 24 days ago.

Hi sorry I had an issue with connection. Please note that there may be small delays as we deal with more than one query at once.

Have you raised the issue of loss of earnings with your insurer yet? Why did your employer make you redundant as a result of the accident?

Customer: replied 24 days ago.
I was made redundant as a direct result of the vehicle being written off, without it there was no job for me to do within the company. i have not raised this with our insurers yet, wanted to know my legal standing prior to contacting them.
Expert:  Jenny replied 24 days ago.

how long ago were you made redundant? Why didn't the employer replace the vehicle?

Customer: replied 24 days ago.
I was made redundant 3 weeks ago, the vehicle was not replaced due to the massive cost of building a new one, the overall cost exceeds £200,000. This was the purchase price of the vehicle,the electronics and instalment of our broadcast equipment and the engineers costs.
Customer: replied 24 days ago.
My position as Demonstration vehicle manager was to provide support to our sales team throughout the EMEA region,i liased with each regional manager with events in their region,planned the logistics and co ordinated events as well as driving and operating the vehicle. Over the past 3 years i have worked in 44 countries and driven over 60,000 miles to achieve this.My salary was almost £30,000 per annum, including bonus scheme, all expenses paid and was provided with a company credit card.
Expert:  Jenny replied 24 days ago.

So are the employer going to replace this role once the insurance monies come through? Are they dealing with the insurance claim or is it you directly?

Customer: replied 24 days ago.
i have no idea if the role is to be replaced,however my partner works in the same department so she would tell me if another project was to get the go ahead.Personally i can't see it happening soon as the company appears to be in a period of consolidation and cost cutting.I have had no dealings with the insurance company apart from my initial report.This has been dealt with at Director level.
Expert:  Jenny replied 24 days ago.

Ok thanks, ***** ***** suffer an injury as a result of the accident?

Customer: replied 24 days ago.
No injury sustained, the vehicle in question attempted to pass by me on a narrow road while i was stationary at traffic lights,unfortunately the legs of the crane attached to his truck ripped into the side of the van and proceeded to drag me backwards. Such was the weight of his vehicle he was unaware of the collision until i sounded my horn repeatedly.
Expert:  Jenny replied 24 days ago.

Ok thanks, ***** ***** have enough information, yes you can claim for consequential losses occurring as a result of the negligence so you can claim or lost earnings.

You should speak to your directors to ask them to include this information in the claim as you will have been covered by a works insurance policy rather than a personal policy of insurance.

It may be that the driver's insurer will attempt to argue that the loss is too remote given that it is an unusual situation that you have lost your job over it (very specific to the vehicle that you were driving) but I do not think that they will succeed with that argument and your employer should fully support you with this claim.

You may want to consider getting a solicitor involved to ensure that your interests are fully protected. If you have a household insurance policy this may include the right to free legal advice/ representation so I would suggest that you look into that.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.Thank you and all the best.

Jenny and other Law Specialists are ready to help you
Customer: replied 24 days ago.
That sounds perfect, many thanks Jenny that's the answer i was hoping to get. Thank you very much.
John :)
Expert:  Jenny replied 24 days ago.

no problem, all the best.