References: C-537/03, [2005] EUECJ C-537/03
Links: Bailii
Ratio: Compulsory motor vehicle insurance – Directives 84/5/EEC and 90/232/EEC – Rules on civil liability – Passenger’s contribution to the loss or injury – Refusal or limitation of the right to compensation.
The drunken owner of a car allowed an uninsured but also drunken friend to drive it. The insurer sought to escape payment for his injuries.
Held: ‘The owner of the car who was travelling in the car as a passenger cannot therefore be treated more severely than the other passengers on the ground that he permitted his car to be driven by someone who was acting under the influence of alcohol.’
Jurisdiction: European
This case is cited by:
- Cited – Churchill Insurance Company Ltd v Wilkinson and Others CA ([2010] Lloyds Rep IR 591, Bailii, [2010] EWCA Civ 556)
The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their . .
(This list may be incomplete)
Last Update: 05 November 2018
Ref: 228055
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