Q&As

Is a claim for damages (not a personal injury claim) for damage to a vehicle following a car crash brought as a general tortious claim or is there any specific statutory regime which would apply?

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Published by a LexisNexis Dispute Resolution expert
Published on: 06 July 2018
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It has been assumed that the Claim is for Damages to a vehicle and not a claim for Damages for personal injury. This Q&A focuses on whether such a claim is brought as a general negligence claim in tort or whether a specific statutory regime governs such claims.

In a claim for negligence, practitioners should consider any relevant legislation depending on the facts of the case. For example, if a party had to hire a vehicle, some credit hire agreements have been vulnerable to attack as unenforceable where the credit hire company has failed to comply with certain consumer regulations.

With regards to a general negligence claim in tort, for liability to be founded,

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Jurisdiction(s):
United Kingdom
Key definition:
Claim definition
What does Claim mean?

The formal assertion of a cause of action by one person (the claimant) against another (the defendant).

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