Denial of liability based on defence of automatism

Robert was involved in a head on collision whilst riding his motorcycle on Glasgow Road, Kirkintilloch in May 2019 when a car travelling in the opposite direction suddenly veered into his path. Robert sustained serious, life-altering injuries, including a de-gloving injury to his right thigh and a fracture to his left knee and right foot.

After meeting with Robert and receiving his instructions to pursue a claim for personal injury, we intimated a claim on his behalf to the insurers of the at-fault driver. The insurers were not prepared to accept liability on behalf of their driver. Their denial of liability was based on the defence of automatism.

Changing Solicitors

Evidence from witnesses is key

Automatism as a defence is used by third party insurance companies in civil law cases to absolve them of liability in situations where the otherwise at-fault driver was deemed to be in an unconscious state at the time of the collision.

In Robert’s case, the insurers claimed that the driver had suffered from an episode of bradycardia, i.e. a drop in his heart rate and this had caused him to lose consciousness, lose control of his vehicle and subsequently veer into the opposing lane.

Our investigations into the collision revealed evidence from two independent witnesses. They had been travelling behind the driver in the lead up to the collision and they’d witnessed him driving erratically for short periods, followed by him driving correctly, managing bends and reducing his speed in line with the limits. This evidence suggested that the driver’s illness had been gradual and he’d had ample opportunity to bring his vehicle to a controlled stop before losing consciousness and causing the collision.

Law Courts

We secure Robert the compensation he deserved 

Confident with our evidence, we pushed on and raised a Court action for damages against the insurers of the driver.

The insurers maintained their defence of automatism before finally agreeing to make Robert a significant award of compensation just a few weeks before the Court case was due to be heard before a Judge. Following hard work and a long, anxious wait, we achieved the desired result and secured Robert the compensation he deserved.

The time, effort and costs spent on this case leave us wondering in whose interest does the defence of automatism serve to protect, when insurance companies are paid to cover the risks of such eventualities and the injured party is left without compensation.

Motorcycling Injuries

Defenc of automatism has no place in civil law

We categorically believe that those who have been injured through no fault of their own, like Robert, should be able to obtain compensation for their injuries to give them the best chance of recovery and to lead as comfortable a life as possible. The fundamental concept of insurance means that compensation should be awarded whether or not the driver was suffering from an illness and the defence of automatism has no place in civil law in an action for personal injury.

Our Award Winning Team

Brenda Mitchell - Senior Partner

Brenda Mitchell

Senior Partner

Brenda has been a Personal Injury Lawyer for over 35 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.



Jodi Gordon - Partner

Jodi Gordon

Partner

Jodi has predominantly represented cyclists involved in road traffic collisions and specialises in assisting those who have suffered very serious and complex injury.

Thomas Mitchell - Associate

Thomas Mitchell

Partner

Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.

Our Recent Case Studies

Seeking justice for under-settled motorcycle claim

Car enters roundabout without giving way and collides with motorcyclist already established on the roundabout.

Bus turns across motorcyclist’s path

John suffered a serious and complicated leg injury when a bus pulled across his path at traffic lights.

Like loose gravel, we leave no stone unturned

Bryan was a competent and experienced motorcyclist, but even he was unable to control his bike after encountering a patch of loose gravel.

Disillusioned with panel solicitor after rear end shunt

Discover how James turned his motorcycle accident case around after feeling disillusioned with his panel solicitor.

Is it worth 5 minutes of your time?

A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help. 

This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.

Get in Touch

Name(Required)