NIKKI GRAHAM v. BRIT INSURANCE LIMITED [2011] ScotSC 188 (02 December 2011)

NIKKI GRAHAM v. BRIT INSURANCE LIMITED [2011] ScotSC 188 (02 December 2011)

The pursuer was not at fault for the accident; the loss of no claims bonus and resulting increased insurance premiums flowed naturally and directly from the accident and are recoverable. The sum paid by the pursuer's insurer to the passenger (Ms Duncan) is not recoverable as the pursuer had no legal liability to pay it and subrogation does not apply.

Citation
[2011] ScotSC 188
Parties
Pursuer: Nikki Graham; Defender: Brit Insurance Limited
Jurisdiction
Scotland
Judgment Date
02 December 2011
Procedural Posture
Civil Road Traffic Accident / Judgment After Proof Before Answer
Outcome
Decree granted for the pursuer in the sum of £3937.80; claim for £1,500 paid to passenger refused; all questions of expenses and interest reserved.
Legal Topics
Negligence, Motor Vehicle Accident, Damages, Subrogation, No Claims Bonus, Personal Injury
Tort Insurance Law Negligence Motor Vehicle Accident Damages Subrogation No Claims Bonus Personal Injury

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Parties

Nikki Graham

Pursuer

Brit Insurance Limited

Defender

Procedural Posture

Civil Road Traffic Accident / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the defender is liable for the accident and resulting losses
  2. 2 Whether the pursuer can recover increased insurance premiums due to loss of no claims bonus
  3. 3 Whether the pursuer can recover a sum paid by her insurer to a passenger for personal injury

Ratio Decidendi

The pursuer was not at fault for the accident; the loss of no claims bonus and resulting increased insurance premiums flowed naturally and directly from the accident and are recoverable. The sum paid by the pursuer's insurer to the passenger (Ms Duncan) is not recoverable as the pursuer had no legal liability to pay it and subrogation does not apply.

Court Disposition

Decree granted for the pursuer in the sum of £3937.80; claim for £1,500 paid to passenger refused; all questions of expenses and interest reserved.

Orders

  • Defender to pay pursuer £3937.80
  • All questions of expenses and interest reserved