McMullen v. Gibney and Bibney [1999] NIQB 1 (13th January, 1999)

McMullen v. Gibney and Bibney [1999] NIQB 1 (13th January, 1999)

The plaintiff is entitled to recover the reasonable cost of hiring a replacement car while his own was being repaired, as he incurred a real liability to the car hire company regardless of the insurance arrangements with DAS. The arrangement with DAS constitutes a contract of insurance providing 'money's worth' upon an uncertain event, and the existence of such a contract does not negate the plaintiff's loss or entitlement to damages from the tortfeasor. The reasonable cost of hire is assessed at £225.

Citation
[1999] NIQB 1
Parties
Plaintiff/appellant: Patrick McMullen; Defendants/respondents: Gibney and Gibney
Jurisdiction
Northern Ireland
Procedural Posture
Appeal (civil) / Judgment on Appeal by Way of Rehearing
Outcome
Appeal allowed; judgment for the plaintiff/appellant.
Legal Topics
Damages for Loss of Use of Vehicle, Mitigation of Loss, Subrogation and Insurance Recovery, Nature of Insurance Contracts
Tort Law Insurance Law Damages for Loss of Use of Vehicle Mitigation of Loss Subrogation and Insurance Recovery Nature of Insurance Contracts

Case Brief

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Parties

Patrick McMullen

Plaintiff/appellant

Gibney and Gibney

Defendants/respondents

Procedural Posture

Appeal (civil) / Judgment on Appeal by Way of Rehearing

Legal Issues

  1. 1 Whether the plaintiff is entitled to recover the cost of hiring a replacement car while his own was being repaired after an accident caused by the defendants' negligence
  2. 2 Whether the existence of a legal expenses insurance policy and arrangements with a car hire company affect the plaintiff's entitlement to damages
  3. 3 Whether the contract between the plaintiff and DAS constitutes a contract of insurance

Ratio Decidendi

The plaintiff is entitled to recover the reasonable cost of hiring a replacement car while his own was being repaired, as he incurred a real liability to the car hire company regardless of the insurance arrangements with DAS. The arrangement with DAS constitutes a contract of insurance providing 'money's worth' upon an uncertain event, and the existence of such a contract does not negate the plaintiff's loss or entitlement to damages from the tortfeasor. The reasonable cost of hire is assessed at £225.

Court Disposition

Appeal allowed; judgment for the plaintiff/appellant.

Orders

  • Defendants/respondents to pay £225 to the plaintiff/appellant as damages for loss of use of vehicle.
  • Order for costs in favour of the plaintiff/appellant.