A rally driver who crashed his car because he claimed the route map he was provided with was wrong has had his compensation claim rejected by the Court of Session in Edinburgh.
Those participating in potentially dangerous sports willingly accept the risks involved, meaning litigation surrounding accidents that occur whilst participating in sport is often unsuccessful. However, this action was raised on the basis that the maps of the route, provided to the drivers by Scotmaps, contained an inaccuracy, causing Raymond Munro to have the car accident in August 2004 when competing in a rally on Speyside.
Mr Munro sued William Sturrock, trading as Scotmaps for £2 million compensation, claiming that the angle of a bend in the route was not accurately described in the map, causing him to take the bend at a higher speed and subsequently crash his £180,000 Subaru rally car, causing £23,000 worth of damage. He claimed that following the crash he lost confidence in his ability to continue rallying, which he described as his passion. He was also unable to concentrate on his businesses and claimed he suffered psychiatric injury.
All the other rally competitors were able to negotiate the bend without incident. If Mr Munro's claim had succeeded, it could have had serious implications for the sport.
However, judge Lord Uist found that there was no error by the defender in his description of the bend. After hearing the evidence of an expert witness for the defender, a surveyor, Lord Uist found that although there had been a slight deviation in the map of the true angle of the bend, that it did not need to be mathematically accurate and was within the range of acceptability. Scotmaps were not found to be liable and Mr Munro's case failed.
If you have been involved in an accident, even if you are unsure if you have a claim for compensation contact our specialist accident compensation solicitors and we will assess your claim on a No Win No Fee basis.