Get out of jail free card

Yesterday I had my third case in as many weeks in which a Defendant successfully claimed that he’d had a blackout at the wheel. Automatism they call it. ‘Simply not my fault, mate.’ More like a get out of jail free card if you ask me. That’s certainly how it felt today when a seriously injured claimant failed to get anything due to this technicality. Worse, the robing room chat with a few other barristers afterwards was that they’ve also seen a lot of these cases. Always the same expert and the same insurance company behind it. One barrister even went so far as to suggest that he’d represented that insurance company and discovered that there’s a new claims handler been brought in from (of all places) FakeClaims&Co to shake things up with the promise of a big bonus if he significantly reduces payouts.

It’ll be interesting to see how this develops.

January 26, 2016 · Tim Kevan · Comments Closed
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