Is it a Road Traffic Accident?

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I've encountered a number of instances over recent months where the Defendants are arguing that an accident is a road traffic accident and thus falls under the predictive costs regime when on the face of it, the accident appears to be something else, for example, an accident at work. 

You may also have encountered this argument as I gather that insurers are raising this point where ever possible.  The authority usually quoted is Dunthorne v Bentley and Cornhill Insurance Plc which concerned the definition of "caused by or arising out of ... " in the Road Traffic Act 1988. 

The Court held that the negligent act of a pedestrian in running into the road some 10 minutes after she had parked her car because she had run out of petrol was closely and casually connected with her use of the car and that the accident therefore was caused by or arose out of the use of a vehicle. 

The authority is being widely quoted by Defendants in support of arguments that accidents involving some casual link to a motor vehicle are road traffic accidents and if you are faced with such an argument it is definitely worthwhile considering the authority carefully. 

Although on the face of it it appears to allow for a fairly loose link between an accident and the use of a vehicle it was said by one of the Appeal Court Judges that no general principle was established by the decision and it in fact depended on the particular facts of the case and on the Court's inference as to why the pedestrian ran into the road.  

Another point to consider if you are faced with the above argument is whether the accident occurred on a road or other public place.  I recently defeated an argument raised by Defendants that predictive costs should apply on the basis that the accident had not occurred in a public place. 

There is no statutory definition of "public place" but in R v Spence  the Court held that there must be evidence that the public actually utilised premises before a Court can conclude that they are a "public place".  It is not sufficient to say that the public could have access if they were so inclined. 

If you have any particular instances you would like to discuss please do not hesitate to contact me.

Andrew

A Neat Legal Services
Law Costs Draftsmen and Legal Costs Consultants.