Car accident claim news
16/12/2010

No damages for handbrake slip crash

A Welsh woman who suffered crush injuries following "a very unusual chapter" of events has failed to win her car accident claim at the Appeal Court in London.

The woman had only just bought her car, a Volvo, from a dealership but was quickly alerted to a problem with its handbrake when, having left it parked on a hill, she realised it had slipped backwards into another car.

Following this minor crash, the woman tried to again park the car, placing its front wheels at an angle and putting it in first gear to try to prevent it from rolling again – however, it slipped back as she was attempting to do this and crashed into a lamp post, causing the claimant to become crushed between the car door and the car.

As a result of this incident, the 33-year-old Cardiff woman sustained serious injuries for which she was in hospital for eight days, having her spleen surgically removed.

Despite agreeing with the woman's no win, no fee lawyer that the dealership had breached its duty by selling a car with a defective handbrake, he also said that the woman had been "effectively the author of her own misfortune" and was, therefore, not entitled to any compensation for her car accident claim.

"She made a series of mistakes which, in effect, led to her causing her own injury," added the judge.

Had her car accident claim been successful, the 33-year-old would have stood to secure in excess of £20,000 compensation.