Car crash compensation news
03/12/2008

P calls on insurers to set up "automatism" fund

Bolton MP Brian Iddon called for moves to amend car crash compensation law after the personal injury claim of one of his constituents fell foul of a technicality in the law.

Although the 47-year-old claimant suffered severe multiple injuries, including two fractured knee caps, the fact that the driver who caused the accident experienced a fatal heart attack only moments before the collision means the relevant insurance company refused to pay out any sum of car crash compensation.

It has cited a legal principle, known as "automatism", which states that a driver cannot be considered liable in cases where events are unforeseeable and beyond the driver's control.

"It's unbelievable insurance companies can get away with this knowing someone has been permanently disabled," the unfortunate claimant commented.

He added, "I fractured both my knees and despite an operation and 11 months physiotherapy I've still got serious mobility problems. I can't walk long distances and my driving is restricted. Four years down the line, it's not got any better.

"I've never been able to go back to work in the chemical industry, where I had 25 years' experience. It has turned my life upside down.

"I just want compensation to be available to people in situations like this, so they don't have to endure the hardship I have."

Mr Iddon's response has been to call for a new law that would oblige insurers to make payments to a proposed fund that would provide car crash compensation to people who suffer injuries as a result of automatism-related accidents.

 

 
 
 
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