Insurers Fail to Lay Blame on Crash Hero

Insurers often attempt to lay blame at the feet of those seeking compensation. Legally, the Insurers will argue that the person seeking compensation is negligent in some way for failing to take care for their own safety. These claims are routinely made and result in the person claiming compensation having a percentage of their compensation deducted for their part to play in the accident.

However Equity Red Star, Co-Operative Insurance and Admiral Insurance have recently had their attempts to blame at the door of claimant defeated by an English Court Judge.

David Tolley was driving to work when he witnessed a car crash.He pulled over in his vehicle to rescue the woman driver who had crashed into the central reservation. He then returned to move her car, which blocking the fast lane, in an attempt to prevent further accidents.

As he did so, two further vehicles crashed into the car causing multiple injuries to Mr Tolley which left Mr Tolley a paraplegic.

The Insurers alleged contributory negligence and as a result, the case required to be heard before Mr Justice Hickenbottom at Chester High Court who stated that "the blame worthiness in this case does not lay at Mr Tolley's door. There are many decent men who would not have acted as bravely as Mr Tolley. Exceptional bravery is not the same as foolhardiness. His actions fall with the brave and commendable categories and not the foolhardy."

Whilst the size of the settlement has yet to be fixed, it is a victory for Mr Tolley as he will now receive the full value of his compensation claim.

Insurance Companies are often quick to attempt to suggest that some blame must lay on the part of the person seeking compensation and cases such as Mr Tolley demonstrate the need for solicitors to fight these claims to ensure accident victims are properly compensated.

If you or someone you know has been injured as a result of a road traffic accident, find out if you have a claim for compensation on a No Win, No Fee basis by completing our online form or contacting one of our Solicitors on 0800 731 8434.

Caroline Kelly
Personal Injury Scotland