Driver’s lack of insurance denies passenger personal injury compensation

A recent case has held that an insurance company was not required to pay compensation for personal injuries sustained in a road traffic accident, because the injured party was aware that the driver had no insurance.

Alan Law raised an action for compensation for personal injury against his insurance company. Mr Law was injured in a road traffic accident on 30 May 2004  when was a passenger in the car, which was driven by Frank Ronald, a friend of Mr Law. Mr Law suffered personal injuries, which he then claimed compesnation for from his insurance company.

However, the court heard evidence from another friend that himself, Mr Law and Mr Ronald had intended to go to a party, and when Mr Ronald commented that he had no insurance on his vehicle, they agreed that another friend would drive them. But this did not happen, and Mr Ronald decided to drive, despite having no insurance.

The court held that the insurance company was not required to pay Mr Law compensation for the personal injuries he sustained. This was because Mr Law allowed himself to be driven by Mr Ronald despite his knowledge that Mr Ronald had no insurance. Although Mr Law argued that he was not aware that Mr Ronald had insurance, the court held that the witness was reliable and his evidence was preferred. The case was dismissed.

If you have been involved in a road traffic accident in the last 3 years that was not your fault, contact our expert compensation claim lawyers who will assess your claim and help you obtain the compensation you deserve on a No Win No Fee basis.