Road Traffic Act: High Court Considers Meaning Of ‘Arising Out Of The Use Of A Vehicle On A Road'

Carroll v Taylor (1), Doyle (2), Emms Taxis Limited (3), QBE Insurance (Europe) Limited (4) [2020] EWHC 153 (QB)

The High Court has recently considered the application of s145(3) of the Road Traffic Act ("RTA"), specifically how the words 'arising out of the use of a vehicle on a road' should be interpreted in relation to a personal injury claim.

The Claimant was abandoned by a taxi driver who had stolen his debit card and PIN. The Claimant attempted to walk home, but fell from a motorway bridge and sustained catastrophic injuries. He pursued the insurer of the taxi under the European Communities (Rights against Insurers) Regulations 2002. The High Court held the Claimant's injuries were not caused by and did not arise out of the use of the taxi pursuant to s145(3), and the claim against the insurer was dismissed.

This decision provides welcome clarity on those circumstances in which a causal link will be established between the 'use' of a vehicle and injuries sustained by a claimant.

Background

The Claimant had been drinking with friends in Liverpool, and shortly after 3.00am hailed a black cab to take him home. The driver did not take him home; instead he stole...