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compensation following an accident
illness or injury - nationwide
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Unfortunately, due to some anomalies in UK personal injury law, there are still some rare instances where a person can sustain injury in an accident that was not his or her fault yet be ineligible for compensation. In such cases, the efforts of a no win, no fee solicitor are likely to prove fruitless.
The defence of "automatism" is one such anomaly. The word itself is taken from the Ancient Greek automatos, meaning "self moving, self willed". In personal injury cases the word is used to describe situations where an accident has been caused by an event that is both involuntary and completely unforeseen.
If an insurance company or defendant solicitor is successfully able to argue that an accident was caused by automatism, it will be impossible for a court to ascribe liability, and therefore impossible for a claimant to receive damages, even from the Motor Insurers Bureau, who do not get involved in this kind of case.
This anomaly, although rarely invoked, has long caused concern to those with an interest in the justice and fairness of the civil claims process.
Now Dr Brian Iddon MP is seeking to override the rule of automatism in cases of car accident claims by introducing a 10 Minute Rule Bill to the Road Traffic (Accident Compensation) Bill by legislating for a special fund that would provide compensation for the victims of automatism accidents. Although it would not override the rule of automatism in other types of personal injury claim, it would represent an important first step in resolving this cruel anomaly and perhaps allow no win, no fee solicitors to assist the claims of the people involved in this kind of accident.
Dr Iddon comments, "I have decided to introduce this Bill in response to a tragic case in my constituency. In 2004, my constituent Mr Vanker was seriously injured when he was hit by another car whilst he was helping his father load boxes into his car. The driver of the car had suffered a heart attack prior to the car's impact on my constituent. The driver died later in hospital. Mr Vanker was left in considerable pain and unable to return to work and his career in the chemical industry.
"Four years on, he has not received any compensation for the injuries he suffered and is still receiving medical attention.
"Whilst cases of this kind are extremely rare, I think the situation my constituent finds himself in is grossly unfair, so I have decided to take action by bringing this matter to Parliament.
"The issue of automatism and entitlement to compensation has been raised in Parliament periodically over the years. I hope that the introduction of my Bill on 19th November will encourage the Government to look again at this issue and take measures to prevent such unfair treatment of those who are innocently injured in accidents attributed to automatism or involuntary action."
Cost-free no win, no fee
To suffer injury in an accident that was not your fault is bad enough, for it to leave you in pain, distress and financial peril can be life-changing.
Fortunately, the specialists on our accident compensation panel can help you establish whether you might be entitled to receive damages for your injuries, medical expenses and lost earnings, and then, if you decide to proceed with your claim, assist you in presenting your case to its best possible conclusion.
In the majority of claims we are able to do this on a basis that is both cost-free and risk-free. In short, this means that, win or lose, you will never be liable for any costs, frees or disbursements. Furthermore, we never take any cuts, delivering 100% compensation to all of our winning clients.
Every no win, no fee solicitor on our panel is governed by the Solicitors Regulation Authority, a branch of the Law Society, so that you can rest assured that you are receiving the benchmark in professional legal service.
Why not echat with an advisor today. Alternatively, fill out an online claim form.
To speak directly with an advisor over the phone, call us, on 0800 10 757 95.
