Cara acted for the Defendant in a claim arising out of a road traffic accident where the Claimant stated she was putting her child into a car seat and her car door was open into the road to allow her to do that.
The accident occurred as a result of the Defendant’s car hitting the Claimant’s door. The Defendant said that the door was opened as he was passing. The Judge found the Claimant’s version of events to be more likely than not and so found the Defendant liable.
Damages were awarded, but the claim for credit hire was not, as the agreement was found to be unenforceable since the first page of the agreement was not provided, the agreement was unreadable and the Claimant did not know of any liability for the charges.
The Defendant found liable, the claim was partially awarded with the claim for credit hire dismissed.