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Buachaill, Barrister
Category: Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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My son and his mate died tragically after the car my son

Customer Question

Hi my son and his mate died tragically after the car my son was driving crashed into a tree. His mate died instantly and my son managed to call the emergency service he told where he was but it had been transferred to a different area all together subsiqwently my son son died from the fire that followed.
When we went to see this car my son had only been permanently for over a month and the garage salesmen said we need to do the finance in my name, so that's what we did. My son Grant had been giving me the monthly payment and I paid it to the finance company.
If he didn't keep up the payments the car would be given taken from him and given back. So I couldn't see a problem.The problem is at the inquest it was known that he was just over the limit. If I had not been the guarantor I would not have had to sell my home to pay the finance company £19,000 which I did but if we'd been aware of the conditions of the finance that if he drank then drove and had died that I would have to pay for the car because if he had lived he would of had to pay for the car himself and he would have lost his license. The car itself was in Grants name not mine
Obviously I wasn't aware of that because if I was we would have had to discuss the matter more. I have multiple sclerosis and this affects my memory as well as affecting my ability to walk
Also the other part of my question, is there any claim against the Yorkshire Ambulance service for not notifiying the correct ambulance service which should have been North Ambulance Service. There was a fire station ambulance and police based 5 minutes away in Barnard castle where my son lived. My son died 16 th August 2014
Please can you put my mind at rest
Ms Deborah Benson
Please can you help me
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, it is truly tragic what happened as regards ***** ***** and his mate. Additionally, it is also tragic that you had to sell your house to pay off the debt owing on the car. However, the first point, is that Yorkshire Ambulance service would have a liability to you for the wrongful death of your son if you can show there was an inherently reckless system in place for notifying the correct ambulance service. It is not enough to show negligence. You must be able to go further than this and show there was an inherently defective system in place which amounted to recklessness. This is an area of the law which is only developing. Previously, there has been a wide margin of error given to the public services such as the ambulance. However, that is changing.
Expert:  Buachaill replied 1 year ago.
2. However, in regard to the finance, I don't know of any remedy for you here, because the finance was in your name. Normally, it is not possible to avoid liability for finance if the finance is in your name. It would have been necessary, for you personally, to have taken out insurance as part of the finance in order to safeguard against what happened. The finance seller would have needed to point this out to you.
Expert:  Buachaill replied 1 year ago.
3. I would advise you to speak to a contingency fee solicitor to see if they would be willing to take on the case against the ambulance service. Otherwise, the costs associated with taking a claim against the ambulance service will be prohibitive. That is the best course of action here.
Expert:  Buachaill replied 1 year ago.
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