Can I claim for lost earnings?

I was involved in an accident last year. I was already on a roundabout when a car entered it without stopping and hit me off. Thankfully, the car driver apologised and accepted that the accident was entirety his fault straight away.

I had some injuries and the surgeon I saw in my claim recommended physiotherapy treatment sessions. I had to take time off work for the treatment and so lost money. The lawyer appointed by my insurance company says I cannot claim for my loss of earnings which seems very unfair to me and I wonder if they are mistaken. Surely I can claim for this?

Phil Jenkins, by e-mail

Answer

You can claim for loss of earnings for attending recommended physiotherapy treatment. The purpose of your claim is to put you into the financial position you would have been in had the accident not happened.

I wonder if there is more to this? For example, is your opponent arguing a failure to mitigate your loss (keep your loss to a reasonable minimum) by not attending physiotherapy outside of work hours. Or maybe you are self-employed and trying to claim an hourly rate but unable to prove a loss to your business through the physiotherapy attendance? I suggest you ask your solicitor to explain the reasoning for telling you that you can’t recover your loss of earnings.