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Category: Traffic Law
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Experience:  Over 25 years experience in law
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I had a road traffic accident on the 28/06/2015, Kindertons

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I had a road traffic accident on the 28/06/2015, Kindertons the company representing me for my claim, has agreed to provide me with a Hire car for me to get back to work as I am a minicab driver. They fail to provide me with a vehicle from 02/07/2017 to 24/07/2015, but are refusing to pay me the appropriate amount for my loss of earnings. Can you help?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  ivorylounge replied 1 year ago.
Who was responsible for the accident?
Customer: replied 1 year ago.

It was non fault accident.

Expert:  ivorylounge replied 1 year ago.
why are they refusing to pay?
Customer: replied 1 year ago.
Hi,
I had a road traffic accident on 28/06/2015 and was not at fault. Kindertons Ltd, the company representing me for my clam, has agreed to provide me with a hire vehicle at the expense of the third party. The first vehicle (Ford Smax) they provided me with on 02/07/2015 was too small to accommodate my business need, as I am a minicab driver. I did not use this vehicle and ask for a replacement. On the 07/07/2015, Kindertons Ltd replaced the first vehicle with a Ford Galaxy, but I was not able to register this vehicle with my minicab operator Uber in order to work. Uber rejected the Ford Galaxy because the address on its documents was not the same. I have to mention that I noticed this same mistake on the first vehicle’s document as well.
On the 14/07/2015, Kindertons Ltd replaced the second vehicle with another Ford Galaxy, but failed to come with the hire agreement this time. They told me that my clam handler will be in contact with me very shortly to provide me with one. At around 4pm as I was not hearing from them, I made a call to them and was then sent via email a hire agreement that was not signed by Kindertons Ltd. I then replied to that email requesting a signed document. On the 24/07/2015, Kindertons Ltd sent me by post the hire agreement.
Meanwhile, while waiting for this document, I made a several calls to Kindertons Ltd to remind them that I was still waiting for this document and do not understand the reason why this is taking so long. I also expressed to Kindertons Ltd that I was in a situation where, I needed to get back to work as soon as possible to be able to pay my bills, also due to my financial circumstances.
On the 09/07/2015, Kindertons Ltd agreed to pay me for loss of earnings following my complaint, and asked to provide earnings evidence. Following this request, I provide evidence for my last two weeks before the accident. Kindertons Ltd replied by asking me to provide the full detail of daily jobs sheets from Uber. I then replied by sending them exactly what they asked for.
On the 18/07/2015, Kindertons Ltd asked me to confirm the dates of which I would like to claim for loss of earnings, and also the amount. I replied by saying that I can only provide this information once I received the Hire agreement, and successfully registered the vehicle with my minicab operator Uber.
On the 25/07/2015, having received the hire agreement from Kindertons Ltd and successfully registered the vehicle with Uber, I then provided them with the amount of my claim. Based on the earnings evidence that I provided on 09/07/2015, the detail of my claim is:
· From 02-07-2015 to 24-07-2015 inclusive (7 weekends- Fridays & Saturdays; and 14 weekdays- Mondays to Thursdays)
· Weekend rate = £220; Weekday rate = £110.
· Total claim= £3080.00
On 30/07/2015, I received an email from Kindertons Ltd advising that my claim was being reviewed, and that they would get back to me shortly.
On 10/08/2015, as I had not heard anything back from Kindertons Ltd, I called and spoke with Sarah Vernon who told me that she was going to pass on the claim to her manager. She said she would get back to me.
On the same 10/08/2015 at around 16:30 hours, I had a telephone conversation with Sarah Vernon from Kindertons Ltd, in which she told me that after reviewing my claim with her manager, it had been agreed to pay me a different rate (£136.60 for a weekday and £184.76 for weekend) instead of the original rate that I submitted (£110 for a weekday and £220 for weekend). I agreed to this as the difference was not much. She also told me in this same telephone conversation that Kindertons Ltd will pay me 11 weekdays and 5 weekends; for that, I disagreed and provided evidence of not earning anything since the 02/07/2015, the date on which Kindertons Ltd was supposed to commence the provision of a hire vehicle. She then told that she would discuss with her manager again and get back to me by the following day
On 11/08/2015 around 16:30 hours, as I had not heard back from Sarah Vernon, I sent an email requesting an update on the matter. She then called me back asking me to provide evidence of fuel expenses and told me that this would be deducted from my claim. I explained my profound dissatisfaction over the handling of my claim and the additional stress and inconvenience this was now causing me and my family; I could not understand why things were going back and forth.
The fact that I had not been able to work during this period (from 02/07/2015 to 25/07/2015 period of my claim), caused me to spend almost half of the £6350 I received for the valuation of my vehicle to pay for bills and other expenses. I was also forced to go for the car hire option with Open Start in order for me to continue working after the 30/07/2015 date on which the hire agreement with Kindertons Ltd came to an end. The minimum duration of hire with Open Start is three months and I will be spending £1428.00 more over the three months, compare to having my own vehicle. I have now also lost the remaining two months on my Insurance policy, which is over £600, as I could have registered a new car on the same policy.
I have made it very clear to Kindertons Ltd; I am not prepared to accept any payment less than my original £3080. I also made clear to Kindertons Ltd that I’ll ask for compensation for all the damage caused to me, if this matter is not resolved amicably.
All attempts to get my money has failed, Kindertons Ltd has advised me to take the matter to Legal Ombudsman if I wish to, as they are only prepared to pay me £2569.52
Expert:  ivorylounge replied 1 year ago.
I would be minded to take legal action against them in breach of contract for your losses. You will need to check the wording of for agreement with them to confirm that there are not any exclusion clauses. But this is potentially something which you can bring to the small claims court for their breach of contract and or negligence. You can bring a small claims court case at www.moneyclaim.gov.ukIn the alternative you could make a complaint to the Legal Ombudsman. They have powers to award compensation and they will not charge you for making such a complaint. Please rate positive.
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