header-logo header-logo

Motor insurers win hit & run case

20 February 2019
Issue: 7829 / Categories: Legal News , Insurance / reinsurance
printer mail-detail

The victim of an unidentified hit and run driver has lost her claim at the Supreme Court, in a case welcomed by insurance lawyers.

The case, Cameron v Hussain [2019] UKSC 6 concerned a collision in 2013 between Miss Cameron’s car and a Nissan Micra. The Micra did not stop but a passing driver took down its number plate. It was registered in the name of Naveed Hussain.

Hussain’s insurer challenged Cameron’s claim on the grounds it could not be proved that Hussain was the driver. Cameron sought to amend her claim to the ‘the person unknown driving vehicle….’.

The case centred on the issue of whether a claimant can bring a claim against an unnamed defendant if the claimant has been the victim of an unidentified hit and run driver, and the car the unidentified driver was driving is covered by an insurance policy, albeit one in the name of someone untraceable. Overturning the Court of Appeal, the Supreme Court unanimously held that such a claim cannot be brought.

Damian Ward, partner at Keoghs, which acted for the insurer in the case, said: ‘It is long-established that the victim of an untraced driver in the UK has protection in the various forms of the Untraced Drivers Agreement.

‘What would have presented as an open goal to fraudsters has been instead determined as a rejection of the challenge to the existing compensation framework for victims of untraced drivers in RTA cases, and of the UK’s failure to lawfully implement the Sixth EC Motor Insurance Directive.’

Welcoming the decision, Ian Davies, partner at Kennedys, said: ‘We have returned to the established approach and insurers’ systems and processes should not need to be amended.’

Kennedys partner Mark Walsh said: ‘The judgment is unequivocal.

‘It is now abundantly clear that the issuing and service of proceedings by the claimant is simply not permitted in circumstances where the existence of the proceedings could never be brought to the attention of the defendant, and that substituted service on the defendant insurer is not an effective solution.’ 

Issue: 7829 / Categories: Legal News , Insurance / reinsurance
printer mail-details

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
back-to-top-scroll