WASTELL V WOODWARD AND CHAUCER SYNDICATES LTD

Queen's Bench Division, Master Davidson, 28 February 2017

Insurance (motor) - Injury caused by named driver crossing road to get to vehicle - Whether injury "caused by or arising out of the use" of the vehicle - Road Traffic Act 1988, section 145(3)

Mr Woodward and Ms Hurst bought an ambulance and converted it into a hamburger van. For some years it was parked in a layby on the Malmesbury bypass. On 27 July 2012 at about 08.25 Mr Woodward had just adjusted a sign that he had placed on the opposite side of the road and, while crossing the road to get back to his van, stepped out in front of a motor cycle being driven by Mr Westell. Mr Woodward was killed immediately and Mr Westell was very badly injured. Proceedings were brought by Mr Westell. Mr Woodward had no substantial funds and no public liability insurance, but Ms Hurst had a motor policy under which Mr Woodward was a named driver. The question was whether, for the purposes of compulsory insurance the injury was "caused by, or arising out of, the use of the vehicle on a road or other public place" within the meaning of the Road Traffic Act 1988.