Matthew Claxson and Olivia Smith from the Moore Barlow Serious Injury Team achieved a six figure settlement for our client in a case where the Third Party was relying upon a defence of automatism.
What is Automatism?
Automatism is a technical defence where a Third Party alleges that an unforeseeable medical condition caused an involuntary loss of control.
See here for a full explanation of the Automatism defence.
Our client’s incident circumstances
Our client had been driving a motor car when the Third Party driving a motor car toward her from the opposite direction crossed over onto our client’s side of the road causing a head on collision.
It was not suggested by the Third Party that our client was in any way at fault. However, the Third Party denied the claim on the basis she was not at fault either.
As a result of the collision our client suffered a mild traumatic brain injury, multiple orthopaedic fractures and extensive scarring.
The issues around Automatism
The law requires the Third Party to have been ‘at fault’ before they can be expected to compensate our client, should the Third Party have proven Automatism, our client will have received no compensation at all.
The Third Party contended that they were not at fault because they lost consciousness due to “a diabetic condition and/or peripheral and/or autonomic neuropathy”. The Third Party contended that they took all reasonable care to ensure they were fit to drive on the day, and blacked out unexpectedly.
The Third Party stated their blood sugar levels were between 10 to 12 on the morning which is high
but not so high as to warrant that someone did not drive.
The challenge our client faced was that she would need to adduce expert evidence on the likelihood of the Third Party losing consciousness in this way, and it will then be for the Court to decide if the Third Party was a credible witness. A helpful piece of factual evidence is that an independent witness following behind the Third Party stated they had previously strayed across the road prior to the collision which our client said ought to have put her on notice.
What Moore Barlow did
At an early stage we arranged to interview the witnesses to the incident as well as the attending police officers so that we could establish our factual case as to the circumstances of the incident which was accepted.
We then sought from the Third Party disclosure of her complete medical records so that we could understand the potential defence of Automatism and consider the strength of the same in terms of how the Third Party came to lose control resulting in the crash.
We then set about gathering our own expert medical evidence to set out the injuries suffered by our own client and the affect upon her life. We approached a number of experts including in the disciplines of neuro radiology, neurology, neuropsychiatry, neuropsychology, orthopaedics, and plastic surgery. We also took statements from those who knew our client to testify how she had been affected. This allowed us to value our client’s claim.
Claim settlement
The Third Party maintained their denial of liability relying upon the defence of automatism therefore to progress the claim our client issued Court proceedings in the High Court in London for the purpose of seeking a split trial to determine fault. At the same time we put forward to the Third Party our medico legal evidence with a subsequent invitation that they attend a Joint Settlement Meeting to explore a resolution of the whole claim.
The Third Party agreed to attend the JSM and, although maintaining their denial of liability, engaged in negotiations to arrive at an appropriate settlement of our client’s claim.
Find out more about a Joint Settlement Meeting
Claim reflection
Moore Barlow, particularly Matthew Claxson and Olivia Smith, have been the most fantastic support throughout my long major trauma claim and secured a very good settlement for me to help me in my future. From my very first phone call when I didn’t have a clue what I was even really asking for help with, they made me feel cared for and not stupid for not knowing what I needed; they were patient, helpful and unwaveringly knowledgeable throughout the whole process. Matthew came to visit me in person very soon after I first contacted Moore Barlow, he didn’t judge me in my very weak and vulnerable state of recovery and he got the ball rolling quickly on the lengthy process, always keeping me informed at every development, always there to answer any queries I had and always listening to, and reassuring me, on all my worries. From having the knowledge and unquestionable skill to guide me through the entire process, to always making me feel cared about and supported in getting the best outcome for my future, to building the most amazing team of experts for my case, Matthew and Olivia are worth their weight in gold. I couldn’t have asked for better support throughout the worst time in my life, and would recommend them to anyone who needs their unfaltering pillar of strength through theirs.
Client
It seems manifestly unfair that in a situation where a person suffers serious injury on undisputed facts caused by a Third Party that their insurance company can relying upon the defence of Automatism refuse to compensate. I would call for a review of the defence of Automatism in cases such as this one because had a settlement not been reached then there would have been a windfall to the insurance company leaving our client without redress.
Matthew Claxson, Serious Injury Partner
How Moore Barlow can help
Our team are specialists in accessing rehabilitation, securing interim payments, and recovering compensation to rebuild lives.
If you have suffered a serious injury and/or bereavement as a result of a road crash, then please contact our solicitors on 0800 157 7611 or send an email to matthew.claxson@moorebarlow.com.
Moore Barlow is a legal panel member for RoadPeace who are a national charity for road crash victims. RoadPeace operate a pastoral care helpline here 0800 160 1069
