Day 152, week 32: get out of jail free card

Followed UpTights to a client conference today.  It all concerned a car accident in which our man drove into an old lady on a zebra crossing.  The client’s concerned as he’s being prosecuted for dangerous driving and risks losing his licence.  The insurer is even more concerned about the possible claim for care costs which would follow.  The client’s come up with the ingenious wheeze that he’ll get off if he can prove that he blacked out.  By the way he described it all, I don’t think a single one of us in the room believed him.  He even went as far as to say that “a friend of a friend got off in the same way” and chuckled that he was playing his “get out of jail free card”.  Not that this seemed to bother anyone. 

UpTights simply said, “Well.  If that’s what you say happened then we ought to raise the defence of automatism.” 

The insurer went further and suggested that we instruct his “tame neurologist” who apparently “always backs up an automatism claim”.

UpTights turned a blind eye whilst her instructing solicitor nodded his assent. 

Seems that if your client is adamant that he blacked out and an expert backs him up, it’s near impossible for a Claimant to prove otherwise and the injured Claimant gets nothing.

May 8, 2007 · Tim Kevan · 5 Comments
Posted in: Uncategorized

5 Responses

  1. Wag - May 9, 2007

    Not a thing for the driver to try if he wants to keep his license. He might end up having to surrender it on account of his medical condition.

  2. verity1981 - May 9, 2007

    And that’s why everyone hates insurers and why I only do Claimant PI work!

  3. Mark - May 9, 2007

    Except that I’d be all over his medical records like a rash and I’d instruct another medical expert for the Claimant. I have found that when faced with a spirited opposing opinion, pet Defendant experts will often hop smartly onto the fence if they’re put in the witness box.

  4. Sarah - May 9, 2007

    That is such a sad tale… poor woman.

  5. Sarah - May 9, 2007

    I hope BabyB will make sure justice is done in another blog!