Hi all,

I got hit from behind and was without a Taxi for a week before a rental was supplied.

I am trying to claim for what I have lost.

Initially I was told that the previous 13 weeks earnings from the company sheets would be sufficient.

I gave them those and now they want tax returns and bank statements.

I have explained that two taxi companies merged a year ago and the earnings have increased and the figures on

previous tax returns would leave me out of pocket and the bank statements do not reflect any earnings.

This is because a lot of the income is cash and doesn`t reach the bank(used for bills etc) Only the account work which is paid by cheque goes into the account.

I am simply trying to claim the actual loss at the time of the accident. Being a 3 month old car, I wasn`t happy at it being smashed but certainly don`t want to lose out over it.

The taxi company is the only real proof of earnings and those sheets I have already sent them. Where do I stand please?

With thanks in advance.

Hi all,

I got hit from behind and was without a Taxi for a week before a rental was supplied.

I am trying to claim for what I have lost.

Initially I was told that the previous 13 weeks earnings from the company sheets would be sufficient.

I gave them those and now they want tax returns and bank statements.

 

I have explained that two taxi companies merged a year ago and the earnings have increased and the figures on

previous tax returns would leave me out of pocket and the bank statements do not reflect any earnings.

This is because a lot of the income is cash and doesn`t reach the bank(used for bills etc) Only the account work which is paid by cheque goes into the account.

 

I am simply trying to claim the actual loss at the time of the accident. Being a 3 month old car, I wasn`t happy at it being smashed but certainly don`t want to lose out over it.

 

The taxi company is the only real proof of earnings and those sheets I have already sent them. Where do I stand please?

 

With thanks in advance.

Think they are using being nosey to put you off. They only need whatever documentation you have to confirm your typical earnings and the 13 weeks info you sent them should be enough.

Obviously you should not be using cash from fares to fund day to day costs. It should go through accounts, so you pay the correct level of tax. They probably come across this happening and use it as a bargaining tool to offer a reduced payment.

I would tell them that for reasons of personal confidentiality, they are making unreasonable requests and the information already sent should be adequate to assess loss of earnings. Just say that only recent evidence of earnings is relevant, because trade varies depending on time of year, hours worked. Also you changed taxi 3 months ago and there have been changes to the company over recent years.

OK thanks for that, the cash is all declared to the penny, they even calculate tips(even if I get less)! All my spread sheets I send to accountant are taken from the companies weekly cash sheets and the monthly account cheque sheets.

If they used a tax return ( in a years time)! I take it it is not up to them to deduct the tax on the earnings but to pay me the cash flow lost during the loss period and for me to declare as earnings in the normal way.

If they did then would they be depriving the inland revenue of that money?

I will let you know their reply. thanks.

Are you able to perhaps provide accounts for your company or tax returns to demonstrate how much you were taking in cash?

Yes the cash sheets the company gives me each week show the weekly cash jobs and once a month I get cheque for jobs on account and a sheet showing the months jobs I did.

The only thing the sheets don`t show are tips. This is what figures I use to put on spreadsheets for accountant each year.

Initially these were given but now they want bank statements and tax returns which are not relevant to the losses at the time.

Who is 'they'? Solicitor? Insurance comapny? Approximately how much are you claiming in total?

If this is a small claim (below £10K the last time I checked) then the cash sheets are more than sufficient - I recently had a loss of earnings claim paid on the basis of an approximate weekly figure given by my accountant. Write back say you've provided more than sufficient proof and the documents they have requested would be of no benefit because (and explain what you've put above re cash and changes to company). If that's the only thing outstanding give them 14 days to agree your claim failing which you'll start legal action.

Thanks for your reply.

I am insured by freeway and paid the extra for legal protection which is proximo law, they are letting me know what the third party is asking for.

Can I also claim for all this free time this is taking up? at the average hourly rate for email and letter writing?

The amount is around £500 give or take. This is really causing undue stress and sleep loss and so annoying.

Who would I give the 14 days to? Proximo to act on my behalf or the third party which I have so far refused to communicate with as that should be down

to Proximo who are representing me?

Thanks in advance...

Thanks for your reply.

I am insured by freeway and paid the extra for legal protection which is proximo law, they are letting me know what the third party is asking for.

 

Can I also claim for all this free time this is taking up? at the average hourly rate for email and letter writing?

 

The amount is around £500 give or take. This is really causing undue stress and sleep loss and so annoying.

 

Who would I give the 14 days to? Proximo to act on my behalf or the third party which I have so far refused to communicate with as that should be down

to Proximo who are representing me?

 

Thanks in advance...

You don't need to write to the third party insurer, Proximo will deal with that side of things.

As you're a taxi driver, I assume that you're self employed? I think that the third party insurers are acting reasonably enough and if you want your loss of earnings settled quickly then provide the information requested.

As for your time, no you cannot claim this back at an hourly rate.

Thanks, yes self employed, as agreed above the info they are asking for is irrelevant and only the company weekly and monthly sheets show the losses at the time of the accident.

The way I see it is IF I was in a fortunate position to just work for one month this year then the earnings that I am losing at the time of the accident while I can`t work are the only thing that comes into question.

Some times of year are busier than others. I only want to claim for what I LOST in cash flow as a result of being hit up the butt!

If your car was repaired it seems likely you have not been properly informed regarding the obvious claim for Diminution in value?

On any 3 month old vehicle there will almost certainly be a good few 00's and maybe more than a £1,000.00.

Loss of Earnings - this should not be difficult unless they are massive?

Taxi drivers/operators are often hated by insurers because of the types of conduct those firms representing them get up to!

While I don't need the work, I am an FCA - Financial Conduct Authority, authorised Insurance Intermediary assisting consumers and small business to recover the truthful amounts they are often misled out of!

Search google for Tim Kelly, The Motor Claim Guru who be able to produce the Diminution Report you require to recover the payment to which you are entitled.

If there are other heads of loss, he will confirm you need and direct you to an appropriate FCA Insurance Intermediary specialising in Regulated, Motor Insurance Claims Handling.

Remember the government report published last year confirmed the awful state of insurers' conduct when they make vast profits from the way the badly handle claims?

Yours BusyRoly999

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Thanks, yes self employed, as agreed above the info they are asking for is irrelevant and only the company weekly and monthly sheets show the losses at the time of the accident.

 

The way I see it is IF I was in a fortunate position to just work for one month this year then the earnings that I am losing at the time of the accident while I can`t work are the only thing that comes into question.

Some times of year are busier than others. I only want to claim for what I LOST in cash flow as a result of being hit up the butt!

Disclosure of tax returns etc are standard for self employed people people.

Your solicitor will work out an average of your earnings, usually based on the last 3 years of your accounts/tax returns, to establish how much you lost.

This is my point. The earnings have changed due to more work and merging companies so tax returns would show past and lower earnings.

This is not reflecting the earnings I have lost in the time period without car at the time when it happened

Hi all, sent off tax form as requested and got sent back a stupidly low offer.

Surely the loss should be the average earnings for the loss at the time of the accident?

It will be your average earnings for the months leading up to the accident.

OK thanks, do you know how long to make the calculation and how they can use tax return for an average?

Initially I was told they may accept the previous 13 weeks to average?

They are offering a LOT less.

Sorry, forgot you were self employed.

For an employee it is usually an average wage for 13 weeks prior to the accident.

If you are self employed the average is taken from the 3 years prior to the accident.

That is so wrong with so many circumstances changing, it could even be a different job self employed.

Anyway, I take it they are offering an average for the profit not the cash flow?

I don`t understand tax and these things but I would have thought I am being done over here.

The car and ins alone for the week is about £120 which still has to be paid) and they offer something like 168 for the week?

Sound wrong to anyone?

Yes, your average net profit after tax etc.