Oh, and you too, if you are a motorist:
James Williams, 26, of Stoke Gifford – who was described as a "very unhappy young man" – caused massive damage to the outside of the House of Fraser store in a crash in December 2008 which almost cost his own life, as well as that of another driver whose car was in his path.
Lord Justice Ward told London's Civil Appeal Court yesterday that Mr Williams drove his Ford Puma at speeds of up to 100 mph along the M32 and Newfoundland Street before deliberately swerving into a low wall.
The car span into the air, bounced off the roof of another car waiting at a junction and smashed into the shop window.
The other driver was lucky to survive:
The driver of the other car, Jamie Haynes, also suffered serious injuries, including a fractured shoulder, four fractured spinal vertebrae, a broken rib and punctured lung.
His Audi A6, which was waiting at a red light, was pushed on to its side, writing the 11-year-old car off, the court heard.
Williams was prosecuted:
Mr Williams, of Fabian Drive, was later jailed for 21 months for dangerous driving and causing criminal damage.
He was also banned from driving for five years and ordered to take an extended driving test before ever getting back behind the wheel.
And after that, the 'fun' begins:
The crash sparked a legal battle between the shop's insurers, Bristol Alliance Limited Partnership, who initially covered the cost of replacing the vast windows, and EUI Ltd, with whom Mr Williams had a motor policy.
EUI fought the case tooth and nail – insisting they were not liable for the damage as it had been caused by Mr Williams' "deliberate act" – and yesterday finally triumphed in what is likely to be seen as an important test case for the insurance industry.
Allowing EUI's appeal against an earlier ruling against the company, Lord Justice Ward, sitting with Lord Justice McFarlane and Dame Janet Smith, said that what Mr Williams did fell outside the terms of his policy and his vehicle was therefore uninsured at the time.
So...as he's now an uninsured driver, guess who'll be picking up the tab?
Yup. That's right. Me and you, via the MIB and higher premiums!
In his ruling, the judge described Mr Williams as "a very unhappy young man".
Yeah,
I'm pretty unhappy too, now.
The insurance company is probably right, but the best thing to do would be to strip him of all his assets to pay for the damage. If he has any.
ReplyDeleteI'd tend to agree with Bucko - if he was driving uninsured and committed a criminal act - both of which having been "ticked in the 'yes' box" and the appeal verdict not altering that then were I working for the shops insurers I would be considering a civil claim for "damages[plus costs] inflicted in the course of a criminal act" from that 'unhappy young man'. Sadly, I wouldn't be surprised if the matter is deemed "not worth pursuing" by the shops insurers - as they can pass it on to all their clients who will then pass it on to us "the mugs" ...
ReplyDeleteReading this on the day I am told that my car insurance has gone up 11% and a month after the house insurance went up 9% is not good for my blood pressure. I have views which are not for a family blog.
ReplyDeleteWho ever wins we lose. I would guess we have always been picking up the tab for this angry young man.
ReplyDeleteI agree with Bucko. I'm not exactly ecstatic about the verdict either.
ReplyDeleteI present no greater insurance risk yet all my premiums are rising faster than Saturn rockets. BTW it is estimated that >40% of motorists in Barkerend, Bradford are uninsured.
ReplyDeleteAnyone fancy a wild, stab-in-the-dark guess at the Asian population of Barkerend, Bradford?
When I lived in Nottingham as a student just down the road from me some numptie decides to end it all. He lives in a tower block and jumps from the 15th floor.
ReplyDeleteHe lands on someone else's Nissan Micra. He breaks an ankle which is bad for him I guess but considering what 9.81 m/s/s does staggeringly little given the drop. The Micra was a write-off.
As he was not insured I assume 'his' insurance company paid his premium to the MIB or have they forgotten about that?
ReplyDeleteMTG aha that weasel word 'asian' again. The descriptive phrase you were looking for was Bearded Savages. I seem to recall seeing a map (will try to find) that showed the greater number of fake car accidents that happened in bearded savage rich environments in the UK.
ReplyDeleteAnd when he has another go at self destruction?
ReplyDeleteWhat punishment will you all devise?
And when he has another go at self destruction?
ReplyDeleteWhat punishment will you all devise?
"... the best thing to do would be to strip him of all his assets to pay for the damage. If he has any."
ReplyDeleteIf he doesn't, I hear kidneys go for quite a sum on the black market...
"... not good for my blood pressure."
No indeed. Mine's due next month... *sigh*
"He lands on someone else's Nissan Micra. He breaks an ankle..."
Yikes! I thought 'jumping from a tall building' was the only really guaranteed form of suicide, too...
"And when he has another go at self destruction?
What punishment will you all devise?"
If he's that much a danger to himself and others, he shouldn't be walking the streets...
If he's that much a danger to himself and others, he shouldn't be walking the streets...
ReplyDeleteIt's not the walking that's the problem...
I'll get my coat.