0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Akers and Others v Thorne and the Motor Insurers Bureau, Guildford County Court

15 May 2002
The issues

Seatbelt – drunk driver – Claimant’s knowledge of driver’s state and of driver’s lack of insurance – MIB’s duty to meet the award.

The facts

The First Defendant was the driver of a car which had a serious accident killing the Claimant. He was uninsured. He had been drinking. The MIB argued that the death had been caused or contributed to by the deceased’s own actions in that he knew or ought to have known that the First Defendant had been drinking and was unable to drive safely and secondly, that he had not worn a seatbelt and thirdly, that he knew or ought to have known that the driver was uninsured. If the last point was proved, the MIB argued that it had no responsibility to meet any award of damages.

The decision

1. The First Defendant had drunk and smoked Cannabis in the presence of the deceased, who therefore ought to have known of the risk of getting in the car. A reduction of 20% in the award would be made on this ground.

2. The deceased had not worn a seatbelt. A further deduction of 25% would be made on this ground – the total deduction being 45%.

3. On the balance of probabilities, the MIB had failed to show that the deceased had known that the Defendant was uninsured.

focus on...

Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.

View

Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.

View

Legal updates

Coronavirus (COVID-19) insurance considerations

With instances of COVID-19 rapidly increasing throughout the UK, many businesses are considering the options available to limit staff and customer exposure to Coronavirus.

View

Legal updates

Insurance annual review 2019-2020

Welcome to our review of 2019 as we look ahead to what is on the horizon for the insurance sector in 2020.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

mailing list sign up



Select which mailings you would like to receive from us.

Sign up