Surprising Legal Ruling Following An Accident

Sunday, 9. November 2008

I have just read about a most bizarre scheme that seems to have the support of the courts but has caused lawyers and businesses great concern. It came to light in a recent case where the driver of a car involved in an accident was handed a card by the at fault driver giving details of his employer and offering to assist with the repairs and arrange a replacement vehicle free of charge. The claimant rejected the offer but at a later hearing was told he had acted unreasonably. Damages were reduced as a result. A judge commended the scheme which, if properly formulated, could offer an effective way of avoiding credit hire costs. But a leading lawyer in this field has criticised this decision as ignoring health and safety implications if cars that may be unsuitable or in less than acceptable condition are provided. Paul Davies, partner in law firm Harvey Ingram LLP, said that this decision was likely to be appealed against because if a driver/company simply takes a hire car from a third party it cannot vouch for the car’s safety. Also the card suggested that the company could assist with repairs, again if this were to happen and the car was a lease car who would be responsible if the car repair was considered by the leasing company to be sub-standard? A dangerous ruling and one that I would certainly object to. By Graham Hill