stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Hi Team,
Wonder if you can share your opinion on this.
My Mrs's car was hit by a chap on Tuesday evening. The guy is Diabetic and went Hypoglycemic at the wheel (blood sugar level had a reading of 1). He subsequently passed out effectively (imagine being so pissed you fall asleep - same feeling)
He was swerving all of the road and then ploughed her straight into the central reservation - her car bounced straight across the motorway into the hard shoulder.
Now the car is a write off and we are pursuing his Insurance.
The complication here is that he has insurance through his company as it's a company car. His Insurance are denying liability on the grounds that he had no control over the car - basically saying it's an "act of god". I believe there is a more acute legal term for it.
What's the outcome here do you think? The Police said this should be pretty straight forward and it's his fault without question as you can control blood sugar levels and a Hypo doesnt just happen! you feel yourself slipping into it and take rememdial action.
Any thoughts from you lads would be great?
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Ben G
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Registered: 12th Jan 07
Location: Essex
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i think you are supposed to tell the DVLA or any medical conditions you have, so i would check to make sure he told them about his condition.
he should have also taken an injection/kept on top of his blood sugar levels.
if it went to court, i could see you being allowed to sue him personally.
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CORSA NUT
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Registered: 3rd Aug 01
Location: Wirral
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For some reason I read that as 'Hippo' at the wheel 
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neil h
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Registered: 28th Sep 06
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quote:
Originally posted by Ben G
if it went to court, i could see you being allowed to sue him personally.
I'd be surprised if the Police didn't go after him for driving with out due care tbh.
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
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Gotta be on him surely, it's his own fault he wasn't on top of it. Shouldn't be on the road if he's a risk like that tbh.
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Nath
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Registered: 3rd Apr 02
Location: MK
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quote:
Originally posted by CORSA NUT
For some reason I read that as 'Hippo' at the wheel
Same, I was expecting a punch line
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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"Tries to think up Hippo jokes"
Ok cool, that was my thinking too as this was entirely preventable if he took insulin / glucose tabs etc! If the lad had a stroke or heart attack with no previous conditions then I could understand there view point as you couldn't foresee that!
I believe the Police will take his licence away and rightly so.
Think it's going to court though as her Insurance (Swift) are shite and his Insurance are playing up 
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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Pointless trying to sue him as his insurance will most likely be void if he hasnt told them.
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3CorsaMeal
Member
Registered: 11th Apr 02
User status: Offline
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Go round and threaten him with a pack of polo mints imo
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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As long as we get the ££ for the car thats all I'm really after mate. Anything else in terms of injuries etc would be a bonus. Mrs was in A&E after it with back, neck, ribs, leg injuries.
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sc0ott
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Registered: 16th Feb 09
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Wasnt on the bypass was it? Theres accidents every 5 minutes on that road.
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corsa-torque
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Registered: 15th Mar 11
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My dad is diabetic and this has to be declared on his insurance and to the DVLA, Hes a professional driver for a living and also has to under go regular medicals and eye-sight tests due to this condition.
Although the condition is kept under control via the use of insulin, stable diet and exercise, however sometimes a hypo is totally random and uncontrollable.
Now i doubt that the police could do anything on the grounds of "driving without due care" as id say this would come under special circumstances such as heart attacks and strokes, both of which I have heard happening behind the wheel.
His or Work's insurance should be aware of his condition and therefor I doubt they could simply dismiss the accident as "an act of god"
He is at Fault and this should be persuded by your insurance company, after all thats what you pay them for.
Worse case id say you would have a good chance at taking the company the guy works for to court.
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Yeah it was
Literally just under the Dreghorn junction! 7 cars involved in total!
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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quote:
Originally posted by corsa-torque
My dad is diabetic and this has to be declared on his insurance and to the DVLA, Hes a professional driver for a living and also has to under go regular medicals and eye-sight tests due to this condition.
Although the condition is kept under control via the use of insulin, stable diet and exercise, however sometimes a hypo is totally random and uncontrollable.
Now i doubt that the police could do anything on the grounds of "driving without due care" as id say this would come under special circumstances such as heart attacks and strokes, both of which I have heard happening behind the wheel.
His or Work's insurance should be aware of his condition and therefor I doubt they could simply dismiss the accident as "an act of god"
He is at Fault and this should be persuded by your insurance company, after all thats what you pay them for.
Worse case id say you would have a good chance at taking the company the guy works for to court.
Thanks mate! Her mum is diabetic too and had to get her licence renewed every 3 years or something?
I dont think the police will try and charge him with anything but I'd be very surprised if he gets to keep his licence. As luck would have it the Mrs is a lawyer but as mentioned we just want the money for the car back and move on! Mrs wants a TT lol
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corsa-torque
Member
Registered: 15th Mar 11
User status: Offline
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yeah something like every 3 years.
If he hasnt declared his conditon i could see him loosing his license too.
Hope you get it all sorted pal
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LeeM
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Registered: 26th Sep 05
Location: Liverpool
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as long as its declare to dvla etc and he's driving within conditions, youre fucked.
had the same issue trying to claim from someone with someone with a heart condition, died at the wheel but it was all declared to dvla, doctors, etc. we ended up in court and he got found not liable, despite being dead.
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Welsh Dan
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Registered: 23rd Mar 00
User status: Offline
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'Act of god'
His insurance company are taking the piss.
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
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you have to prove negligence in the eyes of the law for someone to be found liable. no negligence then you cant claim from them, thats why you have insurance.
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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quote:
Originally posted by LeeM
as long as its declare to dvla etc and he's driving within conditions, youre fucked.
had the same issue trying to claim from someone with someone with a heart condition, died at the wheel but it was all declared to dvla, doctors, etc. we ended up in court and he got found not liable, despite being dead.
Thats fucking shocking! Sorry to hear that pal!
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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quote:
Originally posted by LeeM
you have to prove negligence in the eyes of the law for someone to be found liable. no negligence then you cant claim from them, thats why you have insurance.
I would of thought that the lad was definatly negligent by failing to keep his blood sugar levels up? Thats something that he can control OR The moment he started to feel unwell he should of pulled over.
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LeeM
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Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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quote:
Originally posted by stuartmitchell
quote:
Originally posted by LeeM
as long as its declare to dvla etc and he's driving within conditions, youre fucked.
had the same issue trying to claim from someone with someone with a heart condition, died at the wheel but it was all declared to dvla, doctors, etc. we ended up in court and he got found not liable, despite being dead.
Thats fucking shocking! Sorry to hear that pal!
oh sorry, i wasnt invloved, i worked for the "non fault" insurer in that instance
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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quote:
Originally posted by stuartmitchell
quote:
Originally posted by LeeM
you have to prove negligence in the eyes of the law for someone to be found liable. no negligence then you cant claim from them, thats why you have insurance.
I would of thought that the lad was definatly negligent by failing to keep his blood sugar levels up? Thats something that he can control OR The moment he started to feel unwell he should of pulled over.
and this is where the court action comes in to it. medicals etc to prove he wax or wasnt acting in line with his doctors advice
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stuartmitchell
Member
Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
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Insurer just phoned. They have accepted Liability 
Thank you for all the input lads! One of you kind soles work for his Insurance company by any chance? haha!
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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thats a good turn out, if they hadnt accepted then it would have been a right fuck about. guy must have admitted to doin somethin wrong with his medication
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Seany
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Registered: 13th Dec 06
Location: Dunfermline, Fife : Drives Astra cdti Sri
User status: Offline
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Exact same happened to a friend about two years ago on the bypass. Council worker passed out with his foot down and forced them straight off the road. Glad it's all getting sorted for yous now.
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