McKibbin v UK Insurance Ltd [2021] NIQB 27 (05 March 2021)

McKibbin v UK Insurance Ltd [2021] NIQB 27 (05 March 2021)

The plaintiff is entitled to recover vehicle hire charges for the full period claimed, as the defendant failed to prove unreasonable delay attributable to the plaintiff or her agents; diminution in value is assessed at 7.5% of pre-accident value, reflecting a balanced evaluation between competing expert opinions and the nature of repairs.

Citation
[2021] NIQB 27
Parties
Plaintiff/appellant: Karen McKibbin; Defendant/respondent: UK Insurance Limited
Jurisdiction
Northern Ireland
Judgment Date
05 March 2021
Procedural Posture
Civil Appeal / High Court De Novo Rehearing
Outcome
Appeal allowed in part; plaintiff awarded vehicle hire charges for full period and diminution in value at 7.5% of pre-accident value.
Legal Topics
Credit Hire, Mitigation of Loss, Diminution in Value, Assessment of Damages
Tort Insurance Civil Procedure Credit Hire Mitigation of Loss Diminution in Value Assessment of Damages

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Parties

Karen McKibbin

Plaintiff/appellant

UK Insurance Limited

Defendant/respondent

Procedural Posture

Civil Appeal / High Court De Novo Rehearing

Legal Issues

  1. 1 What is the correct approach to a defendant’s challenge to the duration of vehicle hire in a credit hire case for assessment of the plaintiff’s loss?
  2. 2 What diminution in value should be allowed as part of the plaintiff’s recoverable loss?

Ratio Decidendi

The plaintiff is entitled to recover vehicle hire charges for the full period claimed, as the defendant failed to prove unreasonable delay attributable to the plaintiff or her agents; diminution in value is assessed at 7.5% of pre-accident value, reflecting a balanced evaluation between competing expert opinions and the nature of repairs.

Court Disposition

Appeal allowed in part; plaintiff awarded vehicle hire charges for full period and diminution in value at 7.5% of pre-accident value.

Orders

  • Defendant to pay plaintiff £6,909.34 for vehicle hire charges.
  • Defendant to pay plaintiff £102.00 for delivery and collection of hire vehicle.