The claim was dismissed against the Defendant due to the Claimant failing to prove on the balance of probabilities that the Defendant caused the accident, let alone the damage alleged. The onus was on the Claimant to manoeuvre safely onto the road which he failed to do.
INTERESTING POINTS – Emma made submissions that the extensive damage to the Claimant’s vehicle could not have been caused by the Defendant’s vehicle and it was inconsistent with the facts. The Judge accepted that the damage on the Defendant’s vehicle did not point to an impact of any great velocity.