Ok this could affect a fair few people if this situation is going to be the norm after a road traffic accident claim…
I was knocked off at the start of 2008 by a women that was pulling out from a parking space and hitting the side of my bike, I was awarded 100% of the claim and the women was done for driving without due car and forced to do a driving course.
My bike was a (cat C) And I had a small personal injury claim nothing to set the world on fire ;)…
So the claim was all signed off and sorted in double quick time with no on going issue…
This morning coming up to 3 years after the accident I have a letter arrive from the DWP compensation recovery unit!!! with a questionnaire regarding my claim inc the dates and amount paid out to me…
From what I can understand the DWP CRU are there to stop people claiming welfare as well as claiming for a RTA… For the record I was in full employment at the time of the RTA and did not claim any money from the state as a due cause from the accident… I have however had to claim Job seekers just before Xmas 2010 and this has been the only time ever I have claimed from the state…
So I was talking to a few people up at high beach yesterday and it seems that the Department for work and pension is so desperate for cash they are coming after RTA accident victims to either claim some of there compensation or claim for any NHS treatment that was give due to the accident :w00t:… Scary thing is about 3 peeps I spoke to at the beach have had the same letter in the last few months and one had there accident 5 years ago…
So I have passed the info on to my solicitor at the time of the RTA and will see what they say, just waiting for a call back now…
Ok got my situation sorted after a few calls, the solicitor that represented me for the accident didnt bother contacting me back … I phoned the DWP and they instructed me that my situation was ok and that the letter was sent out as a admin error as I had went on to Job seekers my name had jumped up that I had a claim so the letter was sent!!!..
But I wanted some indepth info on what they are trying to do, there responce was… If you have a accident that means that you are unable to work for either a short time or indefinitely there is a good chance that if you claim compensation from the third party then there is a very good chance that the state will not give you any financial assistance… Or if it gives you say 6 months sick pay say for arguments sake 4 grand, when you get your final payout you will have this amount deducted from your final settlement :unsure:…
So if you have a accident and are unable to work talk to your solicitor “straight away” about this situation and get them to assist you accordingly… Also if you are not working at the time of the accident and are claiming job seekers allowance your claim may be affected and may result in you having money deducted from your final payout…
Lastly it seem’s that the NHS is now scrapping for every penny so again ask your solicitor to make 100% shore that there bill is sorted by the third party if its a 100% non fault claim or by your insurer if it’s vice versa…
So chap’s and chapettes they may have a few peeps by the balls with this as they are notifying riders years after the final claim has been finished… They know that most claim’s would have been signed off by this time and that solicitor may be reluctant to represent you as there is noway that they will be able to claim there fees…
Hope this helps someone out there not get shafted and if you get one of these letters get on the phone to your solicitor and call the DWP straight away…
There is nothing new in the principle of this, although I have no idea why you should get that letter at this time.
Recovery of NHS costs following a motoring accident goes back decades, at least as far back as 70’s, possibly as far back as 1948. Recovery of benefits paid as a result of injury following from a motoring accident goes back at least as far as John Major’s Government in the 90s.
The idea behind both is that if an insurer is paying for injury, they should also pay the state for any payments of benefts or NHS costs. Otherwise the tax payer would be subsidising the insurance companies for things like loss of earnings and medical costs when these naturally form part of the claim.
Insurance payouts are meant to be adjusted automatically, with the insurer paying more,but the element paid to the state creamed off before the victim sees any of it. Normally the payments are dealt with directly between the Government and insurers and people who are accident victims simply don’t hear about it other than to get a letter saying that on top of their compensation the insurer has also paid £X to the Government or whatever.
Last year the part of DWP that does this recovery (including the part on behalf of the NHS) registered an interest in over 850,000 accident claims, (3/4 motoring,) and recovered over £150m for the taxpayer from insurers. They don’t normally have any dealings with accident vicitms or benefit recipients other than to ask them for information about solicitors and insurers dealing with claims.
There are occasions where the DWP are entiltled to recover any benefits paid out during the period that the claimant was unable to work, and this is usually deducted from the total overall award, so in the majority of cases it only applies for the more serious injuries.
We have to complete various documents for the DWP where and when benefits have been paid out, but this does not usually apply to small(er) claims.
One of the most common areas where this applies is in industrial disease cases , such as mesothelioma and asbestosis where there is a payment called the Pneumoconiosis pension workers fund and is available to anyone suffering from an industrial disease.
The payment is related to age at time of diagnosis, but is then repaid when full and final settlement is made, which in the case of mesothelioma is a minimum £250,000.
I use this simply as an example of how monies are recovered.
In the case of an RTA, the principal is the same, but for benefits paid out during tje period of incapacity, which is why in the case of big claims, we prefer to go for an interimn payment as it avoids the need for benefits to be paid untiil such time as the case is settled.
… I phoned the DWP and they instructed me that my situation was ok and that the letter was sent out as a admin error as I had went on to Job seekers my name had jumped up that I had a claim so the letter was sent!!!..