Lincolnshire

Lincolnshire man paralysed by uninsured car on private land wins case

Royal Courts of Justice
Image caption Michael Lewis was reportedly awarded one million Euros in damages in 2018 but the Motor Insurers Bureau appealed

A man left paralysed when he was hit by an uninsured 4X4 on private land has won his case for damages following a court ruling.

Farmer Dennis Tindale, 83, of Marton, Lincolnshire, struck Michael Lewis after pursuing him across fields.

Court of Appeal judges upheld a claim against the body which compensates victims of uninsured drivers.

The Motor Insurers Bureau (MIB) had argued it did not have to pay up as the collision happened on private land.

Mr Lewis brought a case against the MIB after Mr Tindale was cleared by a jury in 2014 of causing grievous bodily harm with intent.

At the trial, Mr Tindale was found not guilty of deliberately running down the 73-year-old after he said he did not intend to hit him.

Mr Lewis was awarded a reported one million Euros in damages in 2018 but the MIB appealed.

It argued that because the farmer was not driving the vehicle on "a road or other public place," it did not have to pay up.

But at the Court of Appeal in London on Wednesday, Lord Justice Flaux said: "The suggested distinction between the use of a motor vehicle on a road or other public place and the use of a motor vehicle on private land is, at least on the facts of the present case, a wholly artificial one."

He said the MIB's refusal to pay up breached the UK's "unconditional and precise" obligations under European law.

Image copyright Google
Image caption Dennis Tindale pursued Mr Lewis along a public road before colliding with him on private land near his farm in Marton

Outlining the circumstances of the incident, which happened in June 2013, the judge said Mr Tindale pursued Mr Lewis after he "erroneously assumed that he had been up to no good."

He drove from his home in Marton along the Trent Port Road, then along a footpath, and through a barbed wire fence into a field before colliding with Mr Lewis.

The amount Mr Lewis will receive from the MIB is yet to be confirmed.

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