LETTER : Making motorists pay the NHS

Sir: I refer to Yvette Cooper's article "Hit-and-run attack on the public" (13 December). The Law Commission was concerned that a wrongdoer is better off injuring someone poor than someone rich enough to afford private medical insurance. The wrongdoer (or in practice his insurer) will pay for the private health care after a road accident; he will not contribute to the medical attention a poorer person receives in the NHS.

Ms Cooper is, of course, right to say that the proposal is concerned with shifting resources. The Law Commission's argument is that the cost of a legal wrong should be borne by the wrongdoer (and if he is insured, by his insurer), and not by us all. The Law Commission's proposal is predicated on a victim's existing cause of action. The NHS's clawback from the wrongdoer would operate only when the victim has won his case. It is wrong to suggest that the proposal will lead to a US-style litigation culture.

WILLIAM SMITH

London W14