Can I get interim compensation payments for my injury?
If you struggle financially as a result of your cycling accident, an interim payment may help you to manage your bills, expenses and treatment costs until your compensation claim is settled.
An interim payment is a partial settlement of your claim which is paid out before the claim is concluded. The amount you receive as an interim payment is then deducted from the compensation payable by the defendant when the claim is settled.
How much will I receive?
Interim payments have no fixed amount. The amount you receive as an interim payment will depend on the value of your claim. An interim payment is only intended to support you financially while you await the outcome of the trial, and is not a substitute for compensation. An interim payment cannot exceed a reasonable percentage of the likely final reward.
What can I spend the money on?
Although you are not required to reveal to the defendant or the Court why you need the money, your application for an interim payment is more likely to be successful if you can show that the money will be put to good use.
For example, you may need to spend the money on:
- Specialist therapy or care to aid recovery from a back injury sustained in a collision or fall from your bike
- Adaptations to your home; to accommodate a wheelchair, for example, in the case of very serious injury
- Purchasing mobility aids
- Paying bills while you are unable to work due to your incapacitation
These costs are directly related to recovering or adapting to life following your cycling accident.
They are therefore more likely to result in a successful interim payment claim than if you have not been significantly financially affected by the injury; for example, in circumstances where the injury has not affected your ability to work in the long term, and there are no significant additional treatment costs, such as for physiotherapy.
When can I claim an interim payment?
In order to apply for an interim payment you must be able to show that the defendant is likely to be found at fault for your cycling injury and the resulting financial losses.
If the defendant has admitted liability, then it is less a question of whether compensation will be paid, and more a matter of how much will be paid.
Your solicitor should be able to negotiate or agree the defendant's liability without the need for a Court hearing in most cases. If a Court hearing is not required, the interim payment can be paid voluntarily by the defendant or their insurance company.
If the defendant does not admit liability, then the proceedings must be issued in Court. In this case, your solicitor will apply to the Court for an interim payment order.
Interim payments and state benefits
Receiving an interim payment may mean that you could become ineligible to receive certain state benefits. If you are receiving state benefits, ask your solicitor if this will have an impact on your benefit claim.