Driver claiming she blacked out - not liable for crash?!
Discussion
Hi everyone,
A relative of mine had their car written off a few days ago while it was parked outside his house.
It was hit in the rear by a young woman who two witnesses have said was on her phone at the time.
I've not got the full details yet, but her insurance company is reporting that she's claiming she blacked out (which was the cause of the accident) and consequently is not liable for the accident - meaning that he had to claim on his own insurance. They've also claimed that he knows both the witnesses (he doesn't) and their statements are thus inadmissible.
I don't know a great deal about insurance liability, but I've never heard of anything like this. Some people have tried using such a defence (blacking out) to avoid dangerous driving convictions, but surely her insurance company should still cover her?
Also, her insurance company have apparently conveyed all this by email, so it's recorded. If, as I suspect, they're talking b
ks, who should we report them to?
Any thoughts greatly appreciated.
A relative of mine had their car written off a few days ago while it was parked outside his house.
It was hit in the rear by a young woman who two witnesses have said was on her phone at the time.
I've not got the full details yet, but her insurance company is reporting that she's claiming she blacked out (which was the cause of the accident) and consequently is not liable for the accident - meaning that he had to claim on his own insurance. They've also claimed that he knows both the witnesses (he doesn't) and their statements are thus inadmissible.
I don't know a great deal about insurance liability, but I've never heard of anything like this. Some people have tried using such a defence (blacking out) to avoid dangerous driving convictions, but surely her insurance company should still cover her?
Also, her insurance company have apparently conveyed all this by email, so it's recorded. If, as I suspect, they're talking b
ks, who should we report them to?Any thoughts greatly appreciated.
There is an automatism defence, Some details here:
https://www.harpermacleod.co.uk/hm-insights/2017/m...
May give you a bit of helpful info. Medical history/warning signs can be looked at (E.g. did the driver feel poorly prior to deciding to drive) but it can be complicated and therefore costly.
https://www.harpermacleod.co.uk/hm-insights/2017/m...
May give you a bit of helpful info. Medical history/warning signs can be looked at (E.g. did the driver feel poorly prior to deciding to drive) but it can be complicated and therefore costly.
I'm wondering whether her parents are lawyers or something.
Surely such a weak excuse can't force my relative to use his insurance?
If her insurance is claiming she didn't inform them of this preexisting medical condition, could they claim her insurance was invalid and refuse to pay out? If so that wouldnt that see her in more trouble than just careless driving?
Surely such a weak excuse can't force my relative to use his insurance?
If her insurance is claiming she didn't inform them of this preexisting medical condition, could they claim her insurance was invalid and refuse to pay out? If so that wouldnt that see her in more trouble than just careless driving?
catso said:
Surely if she really did black out then she shouldn't be driving and could open up a whole new can of worms for herself? Maybe suggest to her that an at fault claim would be preferable to whatever a 'blackout' might bring on...
Absolutely. A colleague had an unexplained blackout (fortunately not while driving) which meant his licence was revoked while the medical tests were being carried out to understand what caused it. He still hadn't got his licence back 3 years later when I moved jobs. shatners bassoon said:
I'm wondering whether her parents are lawyers or something.
Surely such a weak excuse can't force my relative to use his insurance?
If her insurance is claiming she didn't inform them of this preexisting medical condition, could they claim her insurance was invalid and refuse to pay out? If so that wouldnt that see her in more trouble than just careless driving?
There hasn't been a suggestion that she's in trouble for careless driving yet has there?Surely such a weak excuse can't force my relative to use his insurance?
If her insurance is claiming she didn't inform them of this preexisting medical condition, could they claim her insurance was invalid and refuse to pay out? If so that wouldnt that see her in more trouble than just careless driving?
The Police aren't investigating or seized any phones have they?
its just the insurance company trying it on, i had an insurance company accuse me of all sorts after i was T-boned pulling into a junction, i said i was prepared to go court and had a witness, the day before the court date they offered me 50/50, i declined, then that afternoon they admitted there guy was at fault so we didn't end up in court. f***ers!
valiant said:
Would the dvla be interested in her medical condition?
If genuinely 'blacked out' at the wheel, she must inform the DVLA.In the absence of identifiable cause, her licence would probably be revoked for 12 months.
If she's lying in order to avoid an insurance payout, the implications might make her think twice.
g3org3y said:
If genuinely 'blacked out' at the wheel, she must inform the DVLA.
In the absence of identifiable cause, her licence would probably be revoked for 12 months.
If she's lying in order to avoid an insurance payout, the implications might make her think twice.
It makes no sense unless she were being prosecuted. Any escape from liability, would only help her NCD, if she didn't repair her own car. In any event surely a medical issue would load her insurance far more.. In the absence of identifiable cause, her licence would probably be revoked for 12 months.
If she's lying in order to avoid an insurance payout, the implications might make her think twice.
Also although far more weight would be given to independent witnesses, even if you did know them it wouldn't mean it was inadmissible.
Edited by Graveworm on Thursday 17th January 22:06
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