Injury caused by a neighbour’s vehicle rolling down the driveway
Published: 4th January 2021
We recently acted for a client who was pottering about in his front garden. Whilst in his front garden, his neighbour drove into his driveway, parked, exited his vehicle and went into his house. Seconds later, the neighbour’s vehicle started to roll down the driveway. Our client attempted to stop the vehicle from rolling down the driveway. On reaching and trying to stop the vehicle, he fell and sustained injuries to his knees, elbows, shoulder and hand. Eventually, the neighbour came out of his house and put the handbrake on his vehicle.
A claim for damages was made against our client’s next-door neighbour’s motor vehicle insurance company. They initially denied liability on the basis that our client put himself at unnecessary risk. The Defendant’s insurance company stated that our client put himself in front of a moving vehicle with this being the cause of his injuries.
Following the insurance company’s denial of liability, court proceedings were served. The Defendants served a Defence denying liability. Whilst the Defendant was responsible for causing the vehicle to roll down the driveway for failing to engage the handbrake, the issue in the case was whether our client put himself at unnecessary risk. Our client’s instructions were that if the vehicle had rolled down the driveaway, it would have entered the road and could have stuck a pedestrian or other vehicles on the road.
After the issuing of proceedings, our client’s claim settled in the sum of £4,500.
This case shows the variety of personal injury claims that can arise.
If you have had an accident and suffered an injury that wasn’t your fault, call us on 01226 731314 to see if we can help. We generally act on a ‘no win no fee’ basis.
This article is too brief to fully explain the law and should not be relied upon as legal advice.