header-logo header-logo

20 February 2019
Issue: 7829 / Categories: Legal News , Insurance / reinsurance
printer mail-detail

Motor insurers win hit & run case

The victim of an unidentified hit and run driver has lost her claim at the Supreme Court, in a case welcomed by insurance lawyers.

The case, Cameron v Hussain [2019] UKSC 6 concerned a collision in 2013 between Miss Cameron’s car and a Nissan Micra. The Micra did not stop but a passing driver took down its number plate. It was registered in the name of Naveed Hussain.

Hussain’s insurer challenged Cameron’s claim on the grounds it could not be proved that Hussain was the driver. Cameron sought to amend her claim to the ‘the person unknown driving vehicle….’.

The case centred on the issue of whether a claimant can bring a claim against an unnamed defendant if the claimant has been the victim of an unidentified hit and run driver, and the car the unidentified driver was driving is covered by an insurance policy, albeit one in the name of someone untraceable. Overturning the Court of Appeal, the Supreme Court unanimously held that such a claim cannot be brought.

Damian Ward, partner at Keoghs, which acted for the insurer in the case, said: ‘It is long-established that the victim of an untraced driver in the UK has protection in the various forms of the Untraced Drivers Agreement.

‘What would have presented as an open goal to fraudsters has been instead determined as a rejection of the challenge to the existing compensation framework for victims of untraced drivers in RTA cases, and of the UK’s failure to lawfully implement the Sixth EC Motor Insurance Directive.’

Welcoming the decision, Ian Davies, partner at Kennedys, said: ‘We have returned to the established approach and insurers’ systems and processes should not need to be amended.’

Kennedys partner Mark Walsh said: ‘The judgment is unequivocal.

‘It is now abundantly clear that the issuing and service of proceedings by the claimant is simply not permitted in circumstances where the existence of the proceedings could never be brought to the attention of the defendant, and that substituted service on the defendant insurer is not an effective solution.’ 

Issue: 7829 / Categories: Legal News , Insurance / reinsurance
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll