Driver claiming she blacked out - not liable for crash?!

Mr.Generous

AdrianC wrote: »

Not if she says this is the first incidence of blacking out.

You can't drive agaiun after blacking out until 2 years blackout free.

angrycrow

To put a different slant on this what the third party insurers might be saying is that their client had a genuine unexpected medical episode. Claiming from her insurers requires you to demonstrate the other driver was negligent. If she genuinely blacked out without warning and no prior medical history her insurers would refuse your claim (most insurers would pay a personal injury claim though).

You don't come across this very often because it is extremely hard to build a case that the medical episode was unexpected because most blackouts come with warning signs or prior history.

People have been known to lie and say they blacked out to avoid prosecution. Clever police officers tend to deal with the chancers by giving them a choice, inform dvla which means they are off the road for 6 to 12 months or face prosecution and get 6 points. Guess which option a sensible officer wants the chancer to take.

AndyMc.....

angrycrow wrote: »

To put a different slant on this what the third party insurers might be saying is that their client had a genuine unexpected medical episode. Claiming from her insurers requires you to demonstrate the other driver was negligent. If she genuinely blacked out without warning and no prior medical history her insurers would refuse your claim (most insurers would pay a personal injury claim though).

You don't come across this very often because it is extremely hard to build a case that the medical episode was unexpected because most blackouts come with warning signs or prior history.

People have been known to lie and say they blacked out to avoid prosecution. Clever police officers tend to deal with the chancers by giving them a choice, inform dvla which means they are off the road for 6 to 12 months or face prosecution and get 6 points. Guess which option a sensible officer wants the chancer to take.

So what are they gong to get six points for? Careless starts at three.

AdrianC

AndyMc..... wrote: »

So what are they gong to get six points for? Careless starts at three.

But being on the phone while driving starts at 6pts, as of almost two years ago.

AndyMc.....

AdrianC wrote: »

But being on the phone while driving starts at 6pts, as of almost two years ago.

What's that got to do with the text I quoted?

AdrianC

AndyMc..... wrote: »

What's that got to do with the text I quoted?

Well, given that we're talking about somebody claiming they weren't on the phone as witnesses state, but blacked out...

angrycrow

I agree it starts at 3 points. 3 points is also what they can give for an on the spot fixed penalty normally in cases like tailgating.

If the matter goes to court the starting point would be 3 points but more likely the magistrate or judge would give 6 points even though they could give more. The type of incident described by op would not be suitable for a 3 point £100 fixed penalty.

Police prefer the driver to surrender their licence to dvla because that guarantees the driver has to stop driving for a while. The other option carries the risk that cps do not bring charges and the chancer gets away with it.

AndyMc.....

angrycrow wrote: »

I agree it starts at 3 points. 3 points is also what they can give for an on the spot fixed penalty normally in cases like tailgating.

If the matter goes to court the starting point would be 3 points but more likely the magistrate or judge would give 6 points even though they could give more. The type of incident described by op would not be suitable for a 3 point £100 fixed penalty.

Police prefer the driver to surrender their licence to dvla because that guarantees the driver has to stop driving for a while. The other option carries the risk that cps do not bring charges and the chancer gets away with it.

Have you got something to back that up?

AndyMc.....

AdrianC wrote: »

Well, given that we're talking about somebody claiming they weren't on the phone as witnesses state, but blacked out...

I'll ask you again.

angrycrow wrote: »

People have been known to lie and say they blacked out to avoid prosecution. Clever police officers tend to deal with the chancers by giving them a choice, inform dvla which means they are off the road for 6 to 12 months or face prosecution and get 6 points. Guess which option a sensible officer wants the chancer to take.

AdrianC

AndyMc..... wrote: »

I'll ask you again.

I'm sorry, was my answer too subtle for you?