INJURED IN OWN CAR WHILE A PASSENGER

S1An interesting question came before the High Court recently relating to the right to compensation under a Third Party Insurance Policy for the Policyholder/Owner when injured while a passenger in his own vehicle.

The background to the case was relatively straightforward. The Owner drove to the pub with his son who was also a named driver on the Policy. Believing that he might be over the limit, the owner asked his son to drive him home. A collision occurred for which the son was responsible and the owner was injured. He claimed against his Policy for his injuries and his entitlement to do so was questioned.

The argument against the owner and his claim was that he was Policyholder and not a Third party.

The High Court rejected this argument and held that, in the circumstances of the case and accident , the owner was a Third Party on this occasion while a passenger  in his own vehicle driven by a named (and accordingly insured) driver and was entitled to be compensated under the Policy for his injuries.

 

* In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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