What is Automatism?
It is an action without conscious thought or intention. For example, maybe you had a seizure while driving and involuntarily caused an accident.
Automatism is an increasingly used defence in personal injury cases against drivers in car accidents where their insurers argue the driver suffered a ‘medical episode’ and cannot be held responsible for the incident.
Although difficult to prove, an automatism defence should still be handled carefully by an injured claimant. It also raises a conflict-of-interest issue between the claimant and the driver’s insurers when both parties were in the same vehicle.
This is a challenging situation, particularly where it involves a couple, or friends in a vehicle together. But if it is a case where the driver was simply tired, lost concentration or even fell asleep for a split second, then it is unlikely an automatism defence can be used, and a claimant might succeed in their claim.
If you need help with a claim where automatism has been put forward as a defence, contact Kevin Finneran or Saffora Choudri at SC Law Solicitors on 02089661299 for free, no obligation advice or visit www.sclaw.co.uk to find out more.
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