News & Resources

Vehicle damage and credit hire claim dismissed for want of proof

6th August 2015

James Henry (instructed by Rachel Greenway of Keoghs) acted for Tesco Underwriting Ltd in its successful defence of a claim for vehicle damage, credit hire, storage and recovery charges in excess of £24,000.

The Claimant initially claimed damages for personal injury but abandoned the claim, leaving just the vehicle related damage claims.  The First Defendant took no part in proceedings and the insurer was joined as Second Defendant.  It relied on expert evidence that the damage to the Claimant’s vehicle could not have been caused by a collision with the First Defendant’s vehicle, as well as numerous inconsistencies and concerns with the Claimant’s account of the accident.

HHJ Harris QC was not satisfied that a collision occurred as alleged and dismissed the claim, giving judgment for the Second Defendant insurer.

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James Henry

James Henry
Year of Call: 2010