Friday, January 8th, 2021
Pursuer successful despite being unable to identify the driver of the other vehicle
Natalie Harper v Matthew Kitching & UK Insurance
The pursuer in a personal injuries action was unable to identify the driver of the other vehicle involved. However, she was able to provide a description of the vehicle and its registration number. The defender unsuccessfully maintained that he was not the driver of the vehicle and could offer no explanation for where he was at the material time. Applying the presumption applicable to instances where a vehicle the registered keeper and owner is presumed to be the driver of the vehicle, the sheriff found in favour of the pursuer.
The pursuer was represented by Grant Markie and the defender was represented by Craig Murray. The judgment is attached below.Judgment of Sheriff