Brain injury compensation news
16/06/2009

Legal battle for car crash insurance payout

A brain injury claim is making legal history after the car crash victim who was hurt won a battle against insurers for refusing to award him compensation.

At the High Court in London, a judge ruled that the Churchill insurance company, famous for its ‘nodding dog' adverts, must pay out for the claim - which is estimated to exceed £2m.

However, Churchill's is arguing it does not have to pay under UK law, claiming that the 23-year-old injured man was at fault at the time of the car accident by allowing an uninsured motorist to drive him.

The car crash victim was a front-seat passenger in a car owned by his mother which was being driven by his friend when it hit another vehicle; the injured victim was a named driver on his mother's policy.

But the injured man's barrister argued that the claim must be paid because European directives required road accident victims to receive personal injury compensation whether or not drivers were insured.

The High Court judge agreed. As a result, it is believed that the brain injury claim is now likely to be fought all the way to the European Court of Justice.