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Accidents: Compensation

Volume 463: debated on Tuesday 17 July 2007

To ask the Secretary of State for Transport whether provision has been made for the payment of compensation to a person injured in a road traffic accident in which the person causing the injury was incapacitated by automatism. (150094)

The statutory requirements to insure the use of a motor vehicle are as set out in part VI of the Road Traffic Act 1988. A person must not use a vehicle on the road unless there is in force in relation to the use of the vehicle by that person a valid policy of insurance in respect of third party risk, or a valid security.

A person injured in a road traffic accident is required under the law on civil liability to prove negligence on the part of the person they consider responsible if they are to succeed in a claim for compensation. Whether a person incapacitated by automatism can be held liable will depend on the circumstances of the case. This is ultimately a matter for the courts.