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Motor vehicle insurance: assured injured as passenger

Insurance Law Monthly

Motor vehicle insurance: assured injured as passenger

In Sarfraz v Akhtar [2020] EWHC 782 (QB) the claimant brought an action against the insurers of his own car in respect of injuries sustained in an accident while he was a passenger. His claim rested upon section 151(4) of the Road Traffic Act 1988, under which the liability of an insurer is removed where the claimant had allowed himself to be carried in an unlawfully taken vehicle.

This was a striking out action, the question being whether, if the facts were as alleged by the claimant, that the driver had not had his permission to drive, he would have had an arguable case for coverage.

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