Car Accident in UK Law

Leading Cases
  • Dimond v Lovell
    • House of Lords
    • 11 May 2000

    It seems to me that prima facie their value is represented by the difference between what she was willing to pay 1st Automotive and what she would have been willing to pay an ordinary car hire company for the use of a car. The difference represents the value of the additional services which they provided.

    Mrs. Dimond was at the time of the accident the owner and person in possession of her car. If it were destroyed by fire the next day by the negligence of another, the second tortfeasor would only have to pay damages equal to the reduced value of the car and the original tortfeasor would still have to pay damages corresponding to the cost of putting right the damage which he caused to the car.

    What Mrs. Dimond was paying for here was more than the cost of hiring a car for a week. The sum which she paid, having regard to what she was to get was, on the evidence, reasonable. But she cannot claim the whole cost as the cost of mitigating the loss of the use of her car. The cost of that was, on the evidence, only about £24 per day. The remainder of what she paid was attributable to other matters and therefore should not be included in the cost of mitigation.

  • Darbishire v Warran
    • Court of Appeal
    • 30 Jul 1963

    The true meaning is that the plaintiff is not entitled to charge the defendant by way of damages with any greater sum than that which he reasonably needs to expend for the purpose of making good the loss. In short, he is fully entitled to be as extravagant as he pleases but not at the expense of the defendant.

  • Bourhill v Young
    • House of Lords
    • 05 Ago 1942

    The duty to take care is the duty to avoid doing or omitting to do anything the doing or omitting to do which may have as its reasonable and probable consequence injury to others and the duty is owed to those to whom injury may reasonably and probably be anticipated if the duty is not observed.

  • White and Others v Chief Constable of South Yorkshire Police and Others
    • House of Lords
    • 03 Dic 1998

    Lord Lloyd said that a plaintiff who had been within the range of foreseeable injury was a primary victim. Mr Page fulfilled this requirement and could in principle recover compensation for psychiatric loss. In my view it follows that all other victims, who suffer pure psychiatric harm, are secondary victims and must satisfy the control mechanisms laid down in Alcock.

  • John Lunt v Bekhia Khelifa
    • Court of Appeal (Civil Division)
    • 22 May 2002

    He was the one who created the dangerous situation by stepping out as he did into the carriageway when the respondent's vehicle was so close. But nonetheless, bearing in mind the fact that this court has consistently imposed on the drivers of cars a high burden to reflect the fact that a car is potentially a dangerous weapon, I find it difficult to see how I could properly categorise the judge's apportionment in this case as plainly wrong.

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Legislation
  • Motor Car Act 1903
    • UK Non-devolved
    • 1 de Enero de 1903
    ......S-6 . Duty to stop in case of accident. 6 Duty to stop in case of accident. . 6. A person driving a motor car shall, in any case, if an accident occurs to any person, whether on foot, on ......
  • Road Traffic (NHS Charges) Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ......under that Part, or. . . (d) a payment made in pursuance of a compensation scheme for motor. accidents,. . . but does not include a payment under section 158 of that Act. . (4) A payment is a compensation payment whether or not it is. made— . . ......
  • Road Traffic Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... . . he may, subject to section 9 of this Act, require him to provide. a specimen of breath for a breath test. . (2) If an accident occurs owing to the presence of a motor. vehicle on a road or other public place, a constable may,. subject to section 9 of this Act, require any ......
  • Road Vehicles (Construction and Use) Regulations 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......containers so designed and constructed, and unless the substance is so packed. that, notwithstanding an accident to the vehicle, it is unlikely that damage to. the vehicle or injury to passengers in the vehicle will be caused by the. substance. . (2) Paragraph ......
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Books & Journal Articles
  • REVIEWS
    • Núm. 11-3, Julio 1948
    • The Modern Law Review
    Book reviewed in this article: Federal Protection of Civil Rights—Quest for a Sword. By Robert K. Carr. The Civil Service in the Changing State. By H. R. G. Greaves. Rediscovery of Justice. By F. R...
    ...... [London: Sweet & Maxwell, Ltd., and Stevens & Sons, Ltd. xl and 478 pp. 22 2s. net.] THE TBIAL OF MOTOR CAR ACCIDENT CASES. By A. D. GIBB, LL.B., and R. MILLNER, M.A. Third edition. [London : Sweet & Maxwell, Ltd., and Stevens & Sons, LM. ......
  • Dame Eileen Younghusband
    • Núm. 28-4, Septiembre 1981
    • Probation Journal
    ......Much has already been written about Dame Eileen Younghusband following. her  death on May 27th in  a  car  accident"  in  North  Carolina.  A variety  of. tributes to her have mentioned, almost in passing, that she was Chairman of a. Juvenile\xC2"......
  • Lawrence Tshuma (1961-1999)
    • Núm. 9-1, Marzo 2000
    • Social & Legal Studies
    ......It was during this trip, on 14 August,shortly after his arrival in Harare, that Lawrence had the car accident thatcaused his death. Despite his intense intellectual commitment and stern self-discipline,. Lawrence always had time for his friends. He was ......
  • Law for Social Work Practice ‐ Working with Vulnerable Adults
    • Núm. 3-3, Agosto 2001
    • The Journal of Adult Protection
    • 47-48
    ...... highly complex and demanding pre d i c a m e n t s ,such as arranging lifelong provision for someone who hass u ff e red a serious car accident, sexual and physical abuse ofadults within residential and day-care settings, financial abuse,an adult living alone who is a serious danger to ......
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Law Firm Commentaries
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