When a passenger is injured in a car accident caused by the driver of the car, they will normally be able to sue the driver for damages. If the driver is uninsured, the passenger will normally be able to claim as the victim of an uninsured driver under the system operated by the Motor Insurers’ Bureau (MIB).
However, this is not always the case. The Court of Appeal recently refused a claim against the MIB by a passenger who was injured in a crash which was the responsibility of the uninsured driver of the car.
The claim was rejected on the ground that the reason the two men were in the car was that they were on their way to buy cannabis – a criminal offence. The driver claimed not to be personally liable under the legal doctrine that prevents an action being taken which stems from a ‘dishonourable cause’ (in this case the criminal activity). The Court did not accept this defence, but since he has very limited assets, the value of a claim against him was effectively nil.
However, the shortfall did not have to be picked up by the MIB, because the relevant legislation specifically excludes claims which arise in the course of, or in the furtherance of, a crime.