Simon*, who was on a restricted licence, crashed his parents’ car. He got distracted by a noise coming from the gear box, the front wheel caught the side of the road and the car flipped on its side. Simon’s sister, Denise*, who also had a restricted licence, was in the passenger seat. The claim was declined because, at the time of the accident, Simon was driving outside the conditions of his restricted driver’s licence.
Simon’s parents argued the exclusion shouldn’t apply because the breach didn’t cause or contribute to the accident (section 11 ILRA). But there was no evidence to contradict the conclusion that a suitably qualified driver in the car could have helped prevent the accident.
Complaint not upheld.
*Names have been changed.