Car Insurers Attempt To Sue Mother of Child Who Was Hit By Their Insured


A recent press report noted how a High Court Judge blasted an insurance company who attempted to sue a mother whose eight year old son, Caine, was hit by a car driven by their insured.

Caine was out with his older cousins when the vehicle struck him whilst travelling at double the 30mph speed limit.

Caine, now 18, suffered serious brain injury from the accident, rendering him unable to work independently or ever be able to look after himself.

His grandmother brought a personal injury claim on his behalf and whilst the insurers accepted that the driver was primarily to blame, they claimed that Caine was partly responsible and subsequently brought a counter-claim against his mother, on the basis that she should not have allowed her son to go out 'without proper supervision'.

Mrs Justice Yip gave this short shrift, instead ordering the insurers to pay damages to Caine on a 100% liability basis, before describing Mrs Ellis as a "responsible mother who took proper care of Caine's safety" and adding that "it would be wholly wrong to find her blameworthy".

Commenting on the matter, Steve Green, Partner and Head of Personal Injury at Fosters Solicitors said "I was pleased to read of Mrs Justice Yip's decision in quashing the insurer's attempts at a counter claim, following what must have been an already incredibly stressful period for the Ellis family".

If you have been involved in a Road Traffic Accident and have suffered injury whether as a passenger, cyclist, or pedestrian, and wish to pursue a claim, please contact our Solicitors in Norwich on 0800 731 8539 or for a free no obligation chat.

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