MRS. AMANDA ALLARDICE v. DIRECT LINE INSURANCE PLC [2010] ScotSC 138 (17 August 2010)

MRS. AMANDA ALLARDICE v. DIRECT LINE INSURANCE PLC [2010] ScotSC 138 (17 August 2010)

The pursuer failed to prove on a balance of probabilities that the accident was caused by fault on the part of the defenders' insured; the evidence established that the accident was caused by the pursuer's own loss of control during an unsafe overtaking manoeuvre, and thus her claim must fail.

Citation
[2010] ScotSC 138
Parties
Pursuer: Mrs. Amanda Allardice; Defender: Direct Line Insurance PLC
Jurisdiction
Scotland
Judgment Date
17 August 2010
Procedural Posture
Civil Damages for Reparation (road Traffic Accident) / Judgment After Proof
Outcome
action dismissed; decree of absolvitor for defenders
Legal Topics
Road Traffic Accident, Negligence, Liability, Credit Hire, Damages, Mitigation of Loss
Tort Insurance Law Civil Procedure Road Traffic Accident Negligence Liability Credit Hire Damages +1 more

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Parties

Mrs. Amanda Allardice

Pursuer

Direct Line Insurance PLC

Defender

Procedural Posture

Civil Damages for Reparation (road Traffic Accident) / Judgment After Proof

Legal Issues

  1. 1 Whether the accident was caused by fault of the defenders' insured
  2. 2 Whether the pursuer is entitled to damages for repair and credit hire charges
  3. 3 Whether the pursuer acted reasonably in hiring a replacement vehicle for 91 days

Ratio Decidendi

The pursuer failed to prove on a balance of probabilities that the accident was caused by fault on the part of the defenders' insured; the evidence established that the accident was caused by the pursuer's own loss of control during an unsafe overtaking manoeuvre, and thus her claim must fail.

Court Disposition

action dismissed; decree of absolvitor for defenders

Orders

  • assoilzies (absolves) the defenders from the crave of the Initial Writ
  • finds the pursuer liable to the defenders in the expenses of the cause