Getting into a vehicle that you know is stolen is never a good idea and will likely end up in an accident – and if the police catch up, it is likely to involve being arrested as well.
So what does the law state about being a passenger in a stolen vehicle and being injured as a result of an accident:
“no court will lend its aid to a man who founds his cause of action upon an immoral or illegal act”
In layman’s terms, this means that as you are involved in an illegal act by getting into a vehicle knowing it was stolen, then you may be unable to make a claim for compensation if you are injured as a result of this illegal act. This is known as the “ex turpi causa” rule.
But what about if you do not know the vehicle is stolen? Well quite frankly this could be very difficult to prove. It would have to be shown that you did not know or have any reason to believe the vehicle was stolen.
Although it may be difficult, this was proved in the most recent case of its kind, Stytch v Dibble & Tradex Insurance.
In this case the Claimant accepted a lift from the Defendant in a customer’s vehicle from the Defendant’s place of work, which was a garage, to the Claimant’s home. They were involved in an accident and the Claimant suffered from a spinal cord injury. The insurer of the vehicle were brought in as second Defendant’s and in order to avoid paying out the Claimant’s damages, had to show that the Claimant was aware or had reason to believe the vehicle was stolen. The Claimant stated that as the Defendant worked at the garage he had previously driven vehicles belonging to customers at the garage and for short distances on the road. It was therefore plausible that it had not occurred to the Claimant to confirm whether the Defendant had permission to drive the vehicle or not. Therefore the Claimant had not knowingly allowed himself to be carried in a stolen vehicle and as a result this issue was resolved in the favour of the Claimant.
This case highlights the importance of being able to show that you were unaware of the vehicle being stolen. Although the driver was not insured to drive the vehicle, if the Claimant can show that they were not aware of the stolen vehicle then the insurer of the vehicle will need to meet any damages deemed payable to the Claimant.
If the insurer can show that the Claimant was aware that the vehicle was stolen, then they will not need to pay any damages to the Claimant and judgement will remain against the driver of the vehicle themselves. However using the “ex turpi causa rule” if the insurer prove this, then you will have been injured during involvement in an illegal act and therefore will be unable to claim for compensation.
If you have been involved in an road traffic accident such as this, please call us for free legal advice on your circumstances.
Our claims line is: 0800 634 75 75
