Welcome to the trust deed forum djcoupsey. It sounds like you've been having a rough time recently.

There are a few issues here so I will try to work through them in order:

There is no problem with your mother buying you a car I wouldn't think. However, your trust deed provider is very unlikely to make an allowance for new credit taken on during your protected trust deed. I doubt they'll make an allowance for the £200 per month. That doesn't mean you cannot pay it if you can find it though.

I would have thought your trustee will allow you to use the insurance payment from the write-off to replace your car. You should check this with them though.

The personal injury claim is different. If you need money for medical care related to the accident you should be able to keep that element. Any extra, for example compensation for pain, will likely to have to be paid over.

If that happens it will not normally mean an earlier finish to your trust deed I'm afraid. Windfalls received are separate to the monthly payments from income. They typically mean that your creditors will write off less of the amount that you owe to them.

Thanks for the quick reply

I have been reading online that if i receive comp for pain and suffering then this is not seen as a windfall. It is loss of earning comp that is seen as a windfall. I have not even applied for the claim yet. The lawyers are just questioning me at the moment. Surely i dont need to tell my IP about this if i havent even made a claim yet? Also what is the possibility of waiting until my TD ends next year?will my claim wait till then? Can my IP find out about any of this and take on the claim themselves?
I really would need the money i would receive to buy a new car as the money i am getting for my right off is not a lot to afford a decent car.
How does paying off the TD early work?My mother said she would pay it off early for me. I have 14 months left on it at £200 a month. How much would she have to pay in a lump sum?Also would my IP be happy about this?would it mean loss of profit to them?I dont them letting me do this if it means this. Do i have to put in an offer of the full £2800 or would i be able to offer less to pay it off?How long does it take to get discharged also?
See the car that is a right off do i need to tell the IP about this?Surely coz my mum bought me this then i dont need to declare it?I have only been paying what i can afford towards that car each month to my mum.Will this be seen as defaulting on my trust deed?
Thanks for your help

Hi djcoupsey.

We've normally heard from our experts here that you'd keep what is needed for any treatment related to the accident, but that the remainder would be required by your trustee to help repay your creditors.

That's a decision for your trustee though, and you'll need to let them know if you receive a payment for a claim.

If you don't make a claim for injury now you may well be able to do so after you have been discharged from your trust deed.

Your trust deed firm may consider an offer from a third party to repay the sum remaining on your monthly payments. You'll need to put the offer to them so that they can give you a decision. If they feel it's in the best interests of your creditors they may well accept it (plenty of visitors to this site have done this, but a few have been told that they cannot do it). I doubt that your trustee will want to accept a sum lower than the remaining payments due, but you can ask if you'd like to.

As mentioned before, I doubt that your trustee will have a problem with you replacing your car with the insurance payment. You should still confirm this with them though.

Making a payment to your mother for the car shouldn't be a problem so long as it has been funded by savings from the allowances you have in your trust deed. Had it been funded by an unreported salary increase (for example) that might be different.

Thanks for your reply.

I havent send the claims form back yet to the lawyers for personal injury comp. They are saying that my trust deed will not get the personal injury claim. I told them they would so i want to leave it just now.Do i have to get my claim in in a certain period of time?Also does it need to be with this particular lawyer that my insurance passed me too?Can i just tell them im not interested and they go ahead with the claim through my trust deed?Can they do this without my consent?
Very worried now.

Hi djcoupsey.

Maybe one of our experts will add a comment about the personal injury claim situation in due course...

Personal injury claims is a highly competitive business, there will be plenty of companies prepared to help you and you can use whoever you wish.

I'd be careful about what they tell you. It's a decision for your trustee rather than them what happens with the money. Bear in mind that the solicitor or claims firm will get paid either way if you allow them to handle the claim.

The current firm cannot start a claim without your authorisation as far as I can see.

I'm not a legal or claims expert, so you may wish to take advice on the matter from someone that is. However I don't think that you have to make a personal injury claim immediately. I would still gather together as much evidence as you can related to any claim that you might make.

Thanks very much for your advice.
I think i will leave the claim for now until i know if my injuries will be sustainable or will be temporary then decide on the claim,as long as im not too late.
Thanks again for your help

Your trustee is entitled to keep the proceeds of any damages you receive, djcoupsey, whether for loss of earnings (patrimonial loss) or for pain/suffering (solatium). The only distinction between the two is that your trustee has the authority to start proceedings in your place for loss of earnings, but NOT for pain /suffering.

I think it is unlikely that a trustee would initiate any claim for loss of earnings to be honest. However, if you made any such claims then he/she could insist that the proceeds go to your creditors.

I must admit that I am not certain about the timescale within which you would have to make any such claim - though I think you have a couple of years. You will need to check that out yourself with a solicitor. By waiting until you are discharged from your trust deed then you would get to keep any successful claim made afterwards - however I am not sure whether the passage of time might mean that you are less likely to win the case? Again - you should seek expert legal advice on this.

Thanks for your advice everyone.much appreciated

Not 100% but I think timescale is 3 years as there may be some injuries which are not apparant at first. Id speak to a solicitor if I was you and take advice.

You should also bear in mind that assessments and tests cannot be done retrospectively. If you need recommendations for solicitors dealing with personal injury, I can help with that.

There are some aspects of rehabilitation treatments and therapies which also become less effective with the passage of time. A good, experienced personal injury solicitor knows this and understands the impact on your recovery as well as your claim.

I worked for several years in this area and unfortunately have seen people delay treatments due to mistakenly thinking the monetary gain would be lessened if they improved too much![B)]
Some aspects of physical / psychological/emotional recovery can't be put on hold and worked on later.[:(]
In some cases, failure to engage with therapies or treatments or follow professional advice can limit payouts as well since reduced function can be seen as partly 'by choice'
Obviously , we don't have details of your injuries, the severity or how your daily life is affected but you would be well advised to have it recorded somewhere that this was assessed by someone qualified to report on these facts.

I assumed in above post that initial x-rays, hospital admissions, medical records etc will show injuries sustained as a result of the accident?

Hi rockbottom when i went to the hospital the doctor did not xray me as at the time i was in shock and didnt not feel the pain until the next day.I went to my GP who prescribed me with strong painkillers.He said that the hospitals tend not to x-ray young women (something about tissue) I was off work for 2 weeks and doctor has confirmed whiplash.I still have pain in my neck and back pain.I am having trouble sleeping as i cannot get comfortable.I am also getting nightmares now and again.My work has offered councilling which i am going to attend. I am thinking about physio but doctor said waiting list is long and id be best going private. I am not sure what to do?The lorry drivers insurance are dragging this out and not admitting liability even though i have witnesses.I am still waiting on my cheque for my car which was a right off. I am now thinking i will not get this cheque.What do you advise me to do?thanks for your reply

Hi djcoupsey.

Do you mean in terms of the injury claim, paying for private medical care, or progressing the claim for damage to the vehicle?

Call me cynical but it will always be the insurers' aim to limit payouts, dispute the cause of specific symptoms, request repeat 'professional' reports(Doctors/therapists)and question costs claimed.

If treatments are necessary to limit pain or maximise recovery, a professional has reported the need and outlined that costs will be greater or recovery hampered by delay that will usually encourage payment of costs for private treatment. (Where it is evident that long waits are likely with NHS treatment.)

Key thing - Is liability being accepted by insurers?

Am I right in thinking your insurer provided legal cover and you have had initial discussions re. legally claiming for your injuries as well as the loss of your vehicle? Did they suggest helping you access treatment or seek help from the insurer of the other vehicle?