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Driver wins insurance case after brother crashed car

A Ford Fiesta owned by Hadar Hafeez hit a Ferrari, a Mercedes and an Audi.

Crash: Car was taken from Calder Street in Glasgow.
Crash: Car was taken from Calder Street in Glasgow.

A motorist whose brother crashed his Ford Fiesta into a Ferrari, a Mercedes and an Audi has won a case against an insurance company that refused to pay out.

Hadar Hafeez, 24, was set to pay for repairs to the three cars after Southern Rock Insurance Company said it was not obliged to meet the costs.

The company decided it would not meet the costs after Mr Hafeez's brother Hussain, 20, drove the Fiesta on January 25, 2016.

Hussain, who did not obtain his brother's permission to take the car, crashed the Fiesta into the three parked vehicles after taking it from Calder Street, Glasgow.

He later pleaded guilty at court to taking and driving a car without consent, driving without insurance, careless driving and leaving an accident scene.

Hadar tried to claim from Southern Rock but it refused to pay out and claimed he had misrepresented his address when he took out the insurance policy.

The company claimed Hadar said he lived at a house on Dinard Drive in Giffnock, East Renfrewshire.

Southern Rock said his driving licence indicated the car was registered at a house on Calder Street in Govanhill, Glasgow.

In a judgment issued at the Court of Session on Tuesday, judge Lady Paton wrote the insurance premium for the Giffnock address was £1649.34.

The premium for the same car at the Govanhill address was £2899.08.

'I am satisfied that the defender lived and slept overnight at both addresses during the relevant period.'
Lady Paton

Lawyers acting for Hadar argued the company should pay for the damage caused to the three cars.

They argued that, at the time of the collision, Hadar spent his time living between Govanhill and Giffnock.

In the judgment, Lady Paton ruled in favour of Hadar.

She concluded that the insurers could not prove that Hadar spent all of his time in Govanhill.

The judge wrote: "I am satisfied on a balance of probabilities that the defender, at the relevant time, lived partly at Dinard Drive and partly at Calder Street.

"It is not possible, on the evidence, to conclude how an average week or month was divided between Dinard Drive and Calder Street but I am satisfied that the defender lived and slept overnight at both addresses during the relevant period."

The court heard Hadar used a price comparison website to take out the insurance policy.

The judgment noted that no evidence in court was led as to the exact nature of what questions were asked of Hadar on the website.

In the months before the collision, Hadar split his time between his uncle's five-bedroom house in Giffnock and properties in Govanhill, the court heard.

At the time he bought the Fiesta car in 2015, Hadar was living in Giffnock.

He obtained a lease on the Calder Street property when his siblings needed somewhere to live.

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