Presumed Liability Case Study: Sally Low

Sally Low was killed whilst cycling in September 2013 near Overton, Morayshire. She was a single mother and cared for her two teenage sons both of whom were of school age. There was an independent witness to the incident who confirmed Sally had done nothing wrong. She was on her own carriageway when she was struck by a car that had been proceeding in the opposite direction. 

A civil claim for compensation was intimated directly to the driver’s insurance company but they advised that they were “unable to proceed until we have further information from the Police." The case is subject to criminal investigations and there will be no “further information available" until after criminal proceedings are concluded.

Sally’s sons should not be denied compensation and financial security for years when the drivers insurance company can immediately assess whether their policy holder, on balance of probability, has been negligent based on the witness testimony and the report from their policyholder. 

Under presumed liability and in the event of denial of liability, Court proceedings would have been raised by April 2014 as it would be for the driver to establish fault not the other way around.

This is a clear example of where Presumed Liability would have direct benefit to Sally Low’s immediate family.