Wimbledon school crash deaths - medical episodes & insurance

Wimbledon school crash deaths - medical episodes & insurance

Author
Discussion

babelfish

942 posts

210 months

Thursday
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Fast and Spurious said:
Normal cars don't weigh two and a half tonnes with stupidly high power and torque.
So a 2 tonne Mini would not have had consequences????

BertBert

19,237 posts

214 months

Thursday
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The basic principal is whether there is negligence.

If there is and there is then a liability the insurance will cover it. If there is no negligence and thus no liability there is nothing to cover. There isn't a gap from this where the insurance doesn't pay but the driver is liable.

surveyor

17,940 posts

187 months

Thursday
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Killboy said:
She's been barred from driving right?
She would not have been banned, but her license may have been withdrawn subject to medical checks. I'm sure the DVLA have a protocol for dealing with epilepsy, but it would not stop a driver from holding a licence, outright forever.

https://www.gov.uk/epilepsy-and-driving

Pica-Pica

14,072 posts

87 months

Thursday
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surveyor said:
Killboy said:
She's been barred from driving right?
She would not have been banned, but her license may have been withdrawn subject to medical checks. I'm sure the DVLA have a protocol for dealing with epilepsy, but it would not stop a driver from holding a licence, outright forever.

https://www.gov.uk/epilepsy-and-driving
No. She surrendered her licence.
I surrendered mine back in 2007 after a (night-time) seizure, my wife had no clue what was happening, and obviously a medical emergency. Back then it required three years of not driving and establishing sleep-only seizures, before I got my licence back. Nowadays, it is only one year. Although mine was sleep-only seizures, the first came completely out of the blue, no warnings at all. My last seizure was in 2018, and because they had only ever been during sleep, I did not need to stop driving in 2018. Sad though the deaths were, I think the children’s parents are giving this woman an unfair amount of stick. Seizures can be completely unprovoked, and with no cause found (idiopathic). Also, you have absolutely no recollection of anything about the event when you come round.

Fast and Spurious

1,401 posts

91 months

Thursday
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eldar said:
Stupidly high power? Exactly when does power become stupid?
Don't be silly

Fast and Spurious

1,401 posts

91 months

Thursday
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babelfish said:
So a 2 tonne Mini would not have had consequences????
Don't be silly

agtlaw

6,793 posts

209 months

Thursday
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Cudd Wudd said:
It's the defence of automatism.

The MIB deal with claims where the driver is uninsured or untraced, not where there is an insurer but no negligence is established.

Speaking generally, where someone has a medical episode with no prior warning, an automatism defence may arise. If there is no fault by the driver, there is nothing for the driver's insurer to indemnify. That doesn't mean an insurer won't necessarily pay out to settle a claim for other reasons, eg commercial decision where value/nature of claim is modest/sensitive and factoring in costs to investigate and defend, media interest etc.

Automatism defence can be hard to make out. Eg if driver feeling unwell that day or had warning in the journey, should they have avoided driving/stopped? Is there any medical history of note, were they managing any medical conditions appropriately etc. Again, speaking generally.

Civil standard of proof is lower and investigations can take time and cost money.

I've seen before no charges, then inquest where coroner refers back to police where concerns have arisen within the context of the inquest, and that has resulted in the CPS reviewing again.

But if genuinely no history and medical episode without any prior warning, there is no fault irrespective of how hideous the outcome of any collision is.
Epilepsy is said to be a disease of the mind. It is therefore, insane automatism.

The burden of proving that defence is on the defendant. Standard of proof is the civil standard. I.e. on the balance of probabilities.

If the defence is proven then that would lead to a so-called ‘special verdict’ of not guilty by reason of insanity.

This is unfortunate terminology in the context of epilepsy. The Law Commission has proposed reform.

I have an automatism case pending, though non-insane automatism, which differs from insane automatism in that the prosecution is required to disprove the defence - the burden of proof on the defendant is evidential only.

surveyor

17,940 posts

187 months

Thursday
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agtlaw said:
Epilepsy is said to be a disease of the mind. It is therefore, insane automatism.

The burden of proving that defence is on the defendant. Standard of proof is the civil standard. I.e. on the balance of probabilities.

If the defence is proven then that would lead to a so-called ‘special verdict’ of not guilty by reason of insanity.

This is unfortunate terminology in the context of epilepsy. The Law Commission has proposed reform.

I have an automatism case pending, though non-insane automatism, which differs from insane automatism in that the prosecution is required to disprove the defence - the burden of proof on the defendant is evidential only.
It’s only a burden if prosecuted presumably albeit I guess this is what the CPS would consider when making their decision…

agtlaw

6,793 posts

209 months

Thursday
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surveyor said:
It’s only a burden if prosecuted presumably albeit I guess this is what the CPS would consider when making their decision…
Good guess.

ThingsBehindTheSun

506 posts

34 months

Thursday
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Wasn't this a fairly new car? I am surprised it didn't have some form of automatic emergency braking.

Pica-Pica

14,072 posts

87 months

Thursday
quotequote all
agtlaw said:
Epilepsy is said to be a disease of the mind. It is therefore, insane automatism.

The burden of proving that defence is on the defendant. Standard of proof is the civil standard. I.e. on the balance of probabilities.

If the defence is proven then that would lead to a so-called ‘special verdict’ of not guilty by reason of insanity.

This is unfortunate terminology in the context of epilepsy. The Law Commission has proposed reform.

I have an automatism case pending, though non-insane automatism, which differs from insane automatism in that the prosecution is required to disprove the defence - the burden of proof on the defendant is evidential only.
Unfortunate terminology? It’s downright offensive. I have never heard it used though - ever.

Pica-Pica

14,072 posts

87 months

Thursday
quotequote all
ThingsBehindTheSun said:
Wasn't this a fairly new car? I am surprised it didn't have some form of automatic emergency braking.
How would that work?

Forester1965

2,057 posts

6 months

Thursday
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Pica-Pica said:
How would that work?
Quite a few new cars have avoidance systems that'll apply the brakes if they detect an imminent collision.

Pica-Pica

14,072 posts

87 months

Thursday
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Forester1965 said:
Pica-Pica said:
How would that work?
Quite a few new cars have avoidance systems that'll apply the brakes if they detect an imminent collision.
Ah, yes. All part of the (four?) steps of ‘assistance’ that are the move to autonomous vehicles.

agtlaw

6,793 posts

209 months

Thursday
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Pica-Pica said:
Unfortunate terminology? It’s downright offensive. I have never heard it used though - ever.
Another example:

https://www.examinerlive.co.uk/news/west-yorkshire...

Cat

3,037 posts

272 months

Thursday
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Forester1965 said:
Quite a few new cars have avoidance systems that'll apply the brakes if they detect an imminent collision.
However if you press the accelerator the "driver" input takes precedence.

Cat

98elise

27,108 posts

164 months

Thursday
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Fast and Spurious said:
eldar said:
Stupidly high power? Exactly when does power become stupid?
Don't be silly
Only one person looks silly here.

What peak power, and weight would have prevented the accident?

Cat

3,037 posts

272 months

Thursday
quotequote all
Pica-Pica said:
Unfortunate terminology? It’s downright offensive. I have never heard it used though - ever.
It's not the only example like this. Up until the early 2000s the Sexual Offences Act 1956 contained the offence of having unlawful intercourse with a woman who was an idiot or imbecile. The section containing the offence was titled "Intercourse with defective".

Cat

KAgantua

3,975 posts

134 months

Thursday
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What a shame, looks like she never knew before. Imagine waking up after a fit and people telling you childrean are dead.

RIP

okgo

38,606 posts

201 months

Thursday
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Heathwood said:
It’s an awful thing to have happened, but how has it taken a year to establish that the driver had a seizure?
Just how long it took expensive lawyers to find an out.