KB-2024-001402 - [2025] EWHC 2492 (KB)

At around 0154 hours on 20 June 2021 the Claimants, QXK and Mr Cox, were on Dartmouth Road, Forest Hill, London, saying goodnight to friends before some of them were to get into a taxi after a night out. A dark toned model B6 VW Passat Estate car manufactured between 2006 and 2010 (“the Collision Passat”), driving along Dartmouth Road, hit the Claimants. Both Claimants were thrown into the air, QXK landing on the pavement and Mr Cox further along the road. Both suffered very serious injuries. Mr Cox suffered multiple fractures from which he has happily made a good recovery, especially given their serious nature. QXK was not so fortunate. She suffered a catastrophic brain injury and will require care for life.

The Collision Passat did not stop. There is no evidence from witnesses or CCTV as to its numberplate or the identity of the driver.

On 23 June 2021 at around 0300 hours, a dark toned model B6 VW Passat Estate car manufactured between 2006 and 2010 was found burnt out in Ryan Court, Baldry Gardens, Streatham, SW16 3PJ, about 4 ½ miles from the accident location (" the Burned Passat”). The Burned Passat was insured with the Second Defendant from 7^th June 2021 under a policy in the name Adam McClean and identifying a Conrad Bair as named driver.

It is the Claimants’ case that the Collision Passat and the Burned Passat are the same vehicle and that the First Defendant, Mr Bair, bought the Collision/Burned Passat on 6^th June 2021, registered it in the name of Roman Bair, insured it with a false policy holder but himself as named driver, negligently drove it into collision with the Claimants on 20^th June 2021, arranged for it to be reported stolen on 21^st June 2021 and torched in the early hours of 23 June 2021.

Mr Bair denies that he was driving the Collision Passat or that he has any knowledge of it or the Burned Passat.

The issues for me to decide are (i) whether Mr Bair was driving the Collision Passat and (ii) whether the Collision Passat and the Burned Passat are the same vehicle. The Second Defendant only has an obligation to pay any judgment in favour of the Claimants if injury was caused by Mr Bair’s use of the Burned Passat.