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.’
Citations:
C-537/03, [2005] EUECJ C-537/03
Links:
Jurisdiction:
European
Cited by:
Cited – Churchill Insurance Company Ltd v Wilkinson and Others CA 19-May-2010
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages, Road Traffic
Updated: 03 June 2022; Ref: scu.228055
