Car accident victim fights for payout
A man is fighting for compensation after suffering from severe brain damage as a result of a car accident.
The 23 year old man was a front seat passenger in his mum’s car which was being driven by the man’s friend with his permission.
The driver crashed the vehicle as a result of drink driving and driving without insurance.
The man suffered severe personal injuries including multiple fractures and brain damage.
The man is expecting to win over £2 million in compensation as a result of his injuries after his insurer stated that he would be entitled to pursue a claim against the driver even though he gave his friend permission to drive the vehicle.
However, under UK law he would be required to reimburse the payments due to the fact that he had given his friend permission to drive.
The man then took his case to the High Court arguing his right of compensation as a victim of a road accident.
Mr Justice Blair, the judge, stated that the case was of “some general importance” as the point has not previously been argued.
“I agree with the insurer’s submission that a victim should not be immune from consequences of his own actions but consider that in the light of the directives this is a proper function of the principles of contributory negligence, and not the statutory right of recovery.
I consider the insurer’s contention in the present case results in the claimant victim being entirely uncompensated for his injuries, which is not a permissible outcome under the directives.”
Updated on 12/06/2009