Car Accident Lost Income: How Much For Taking Holiday Pay?

Find Out How Much You Can Claim For Having To Take Time Off Work Following A Road Traffic Accident

Find out in a question and answer session how to support a lost income claim as a result of a car accident even if you were forced to take the time as a paid holiday.

Road accident victim question

I had to take a days holiday at short notice as I could not afford to lose a days pay. The other driver’s insurer has offerred £10 as way of inconvenience.

Is there any case law to support my claim as when I take annual leave I will be a day short or have to take one day as unpaid.

Road accident solicitor response

The way to support the day’s loss is to have a letter from your employer confirming your absence and confirming how much gross and nett pay your would receive for this day.

The nett amount after tax and national insurance is the sum you will be entitled to recover.

Generally speaking your employer should confirm your average pay over a 13 week period prior to your road traffic accident as the average nett pay will be the amount of compensation your are entitled to claim.

2 Responses to “Car Accident Lost Income: How Much For Taking Holiday Pay?”

  1. Pete Barrett says:

    Thank you for your reply regarding my lost holiday, however, my insurance company has supplied the documentation you advise to the at fault insurer. The at fault insurer has offerred £10 for inconvenience. They also state that as I have not undergone a ‘financial loss’ they will not consider recompense for my lost days annual leave.

    I will need to ‘lose’ a day from my annual holiday or take one days unpaid leave, it seems the right way would have been to take the day off as unpaid leave in the first place, but as I was trying to ensure ny earnings were not affected (in the current economic climate I could not afford to lose a days pay).

    Is there any way to recover my days holiday pay ?
    Is thare any case law I can quote to assist ?
    my own insurance company seem to suggest I take the £10 as the best they can achieve.

  2. Kevin Bolton says:

    Pete – this is not a question of case law, but a matter of evidential proof. The legal issue is this – have you suffered a “financial loss”? If “yes” – how much can you prove that loss to be.

    I respectifully submit that taking time off work whether as holiday or not is a financial loss – so the question is the evidence which is available.

    A lot will depend on what your contract of employment states about a day absence from work due to illness or injury. in other words – are you entitled to receive pay in this eventuality. If “yes” – then you should not have had a loss.

    If “no” – the question is the reasonableness of your actions and what you can prove.

    Another suggestion is that you could speak to your employer and have them put in writing that if the sum of X (whatever it might be) is repaid by the person at fault directly to your employer then your holiday entitlement will be reinstated. The cheque for this loss should properly be paid direct or made out to your employer.

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