An interesting verdict has been given by the Court of Appeal in the case of Delaney v Pickett and another [2011] EWCA Civ 1532.
Delaney v Pickett And Another – Case Summary
In this case, the claimant suffered brain damage as well as other severe injuries as a result of a road traffic accident on 25 November 2006. The claimant was a front seat passenger in a vehicle belonging to the first defendant which was negligently driven into the path of an oncoming vehicle. The emergency services found that the claimant was carrying 240g of cannabis whilst the first defendant was carrying 34 g of the same substance.
The case was heard at appeal after a trial judge held that the claim arose out of the claimant’s illegal activities and as such fails against the first defendant. The Court of Appeal, however, held that the claim arose out of the negligent way the first defendant drove the vehicle and not the criminal activity and therefore concluded that the claimant was entitled to recover compensation from the first defendant. There was no real prospect, however, that the first defendant would be able to satisfy a judgment made against him.
The other issue considered was whether the trial judge was correct in excluding the first defendant’s insurance company (who had avoided the policy) from liability under the Motor Insurers’ Bureau Agreement due to the claimant knowing or ought to have known the vehicle was being driven in the course or furtherance of crime. By majority ruling, the decision was upheld.
The case goes to show how that even when a person suffers serious injuries in a road traffic accident as is the case here, they may not be able to rely on the fact that they are entitled to be compensated by a motor insurer where during the accident they knew or ought to have known that the vehicle was being used in the course or furtherance of a crime.
How Nelsons Can Help
If you have been in a road traffic accident that was not your fault and you have been injured as a result then please contact our expert Personal Injury team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form. At Nelsons, we have a dedicated personal injury team who offer no win no fee services.