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PostPosted: Mon Apr 23, 2012 7:06 pm 
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Black cab rapist's victims sue his insurers


Victims of black cab rapist John Worboys are suing his motor insurers in a landmark High Court action.

In a unique case, they are claiming that the London taxi in which he drugged and assaulted women was used as a weapon against them.

Eight women are launching the case in the High Court tomorrow in a test hearing to decide if a full trial should go ahead.

The case could have major implications for the insurance industry over whether the use of cars in criminal offences can be used in claims.

Worboys, 54, was jailed indefinitely in 2009 for drugging and assaulting 12 women while working as a licensed London taxi driver.

He is named as the first defendant in the High Court case, but the issue this week is whether the second defendant, his insurers, should pay damages because the crimes were committed in the insured vehicle.

The insurer, understood to be a leading company, has been granted anonymity for the preliminary hearing.

Richard Scorer, solicitor for the women, told The Times: “The crux of the case is that, as a matter of law, a motor insurer has to cover injuries caused by or arising out of the use of a vehicle — that can include criminal acts and deliberate injury.

"We say that these women have been injured due to circumstances caused by or arising from the use of Worboys’s vehicle. He used his taxi to entice them, entrap them, imprison and rape them.”

http://www.thisislondon.co.uk/news/crim ... 70063.html

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PostPosted: Mon Apr 23, 2012 7:21 pm 
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Good luck to them but personally where does this end, could it be that the insurance company could blame the licence department because without the licence he wouldn't have been able to do this either. Another concern is that if this case is won the effects on the insurance for drivers could be alarming. How do the insurance companies perform a risk assessment for this kind of incident?

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PostPosted: Mon Apr 23, 2012 7:22 pm 
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toots wrote:
Good luck to them but personally where does this end, could it be that the insurance company could blame the licence department because without the licence he wouldn't have been able to do this either. Another concern is that if this case is won the effects on the insurance for drivers could be alarming. How do the insurance companies perform a risk assessment for this kind of incident?



this is going to end up costing all of us i guess

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PostPosted: Mon Apr 23, 2012 7:28 pm 
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toots wrote:
Good luck to them but personally where does this end, could it be that the insurance company could blame the licence department because without the licence he wouldn't have been able to do this either. Another concern is that if this case is won the effects on the insurance for drivers could be alarming. How do the insurance companies perform a risk assessment for this kind of incident?

I agree with what you are saying, but the insurance he had covered him for his actions whilst working, and as far as I know he committed several offences whilst working.

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PostPosted: Mon Apr 23, 2012 8:00 pm 
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captain cab wrote:

He is named as the first defendant in the High Court case


with a bit of luck that lottery ticket of his will come up

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PostPosted: Mon Apr 23, 2012 8:07 pm 
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I thought Insurers were liable for accidental incidents....how can they be sued for deliberate sex attacks from a predatory pervert.??

I hope this ones kicked into the long grass by the courts, and any compensation, which his Victims should be entitled to should only come from the Criminal Victims fund..not the Insurer nor its clients.


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PostPosted: Mon Apr 23, 2012 8:10 pm 
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bloodnock wrote:
I thought Insurers were liable for accidental incidents....how can they be sued for deliberate sex attacks from a predatory pervert.??

I hope this ones kicked into the long grass by the courts, and any compensation, which his Victims should be entitled to should only come from the Criminal Victims fund..not the Insurer nor its clients.



seems a bit opportunistic.......do the sue LTI next because unlike my skoda the vehicle got them there?

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PostPosted: Mon Apr 23, 2012 8:22 pm 
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captain cab wrote:
toots wrote:
Good luck to them but personally where does this end, could it be that the insurance company could blame the licence department because without the licence he wouldn't have been able to do this either. Another concern is that if this case is won the effects on the insurance for drivers could be alarming. How do the insurance companies perform a risk assessment for this kind of incident?



this is going to end up costing all of us i guess


If its going to cost as any more on the Insurance front we may as well jack the Job in... :?


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PostPosted: Mon Apr 23, 2012 9:09 pm 
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Bloody no win no fee mob.

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PostPosted: Mon Apr 23, 2012 9:14 pm 
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gusmac wrote:
Bloody no win no fee mob.



tell me about it.....talking to a mate today who's cabs off the road for repairs....the hire car is costing his insurance £150 per day, he's going to have it for 1 month and his insurance havent collected his cab yet.....after one week.

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PostPosted: Mon Apr 23, 2012 10:27 pm 
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This could cost the PHV insurers in london millions.........................

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PostPosted: Mon Apr 23, 2012 10:30 pm 
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rambo wrote:
This could cost the PHV insurers in london millions.........................

Or ensure they only insure nice people.

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PostPosted: Tue Apr 24, 2012 7:06 am 
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rambo wrote:
This could cost the PHV insurers in london millions.........................


It will end up costing everybody....... what specific difference does it make to the PHV insurers who pass on whatever it costs them to the drivers?

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PostPosted: Tue Apr 24, 2012 9:44 am 
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Sussex wrote:
rambo wrote:
This could cost the PHV insurers in london millions.........................

Or ensure they only insure nice people.



And how are they going to do that have every driver pyschologically screened !

I am with Bloodknock on this one I don't see why any insurer should be liable to compensate for criminal acts committed by their insured only loss or damage resulting from accidents

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PostPosted: Tue Apr 24, 2012 4:44 pm 
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John Worboys' victims go to High Court




Sex attack victims of a London taxi driver have begun a High Court bid for damages against him and the insurers of his vehicle.

Eight women are asking a judge to rule in a unique action relating to the liability of motor insurers over their injuries.

John Worboys, 54, was convicted in 2009 of drugging and sexually assaulting women while working as a licensed London taxi driver.

Worboys was jailed indefinitely.

The action before Mr Justice Silber, which is set to last several days, is to decide on the preliminary issue of whether insurers are liable to pay damages because Worboys' crimes were committed in his insured taxi.

Edwin Glasgow QC, for the women, told the judge: "The fundamental issue in these cases is whether personal injuries caused by a taxi driver's assaults on a passenger, during the course of a journey, were 'caused by or arose out of the use of a vehicle on a road' for the purposes of compulsory insurance as required by the Road Traffic Act 1988."

Mr Glasgow said the key to resolving that issue was "the role that the taxi and the taxi driver played in the events which occurred".

He added: "It is our submission that the use of the taxi and the part that it played in the attacks that occurred during the course of the journeys was essential and material."

Falsely imprisoned

The QC told the court: "The taxi did not just happen to be at the place where the assaults occurred. It was the symbol of security which seduced these young women to believe they were safe."

The taxi became the place where the women were "falsely imprisoned", where Worboys made up his mind he was going to attack them, where they were poisoned - and it "provided the means" by which the attacks could take place.

Worboys used his taxi as a "lure" to unsuspecting young women who were tricked into believing their safety was ensured by two things - the black cab and the licensed driver.

Mr Glasgow said the "representative" claimants were "only eight of the many passengers of this man who became notoriously known as the black-cab rapist".

Each of the claimants was a passenger in Worboys' taxi in 2007 or 2008.

Mr Glasgow said Worboys was "clearly liable to the claimants for his intentional tortuous conduct".

The second defendant - the insurers - "agreed to and did insure Mr Worboys, pursuant to the Road Traffic Act 1988 in respect of his liability to the claimants for these matters".

'No floodgates danger'

The QC told the judge: "Accordingly, each claimant seeks a declaration that, upon the claimant obtaining a judgment against Mr Worboys for damages and interest and or costs in respect of the matters complained of, the second defendant is liable to pay to the claimant such judgment sum together with any interest due thereon."

He said there was "no danger that a decision on the facts of these cases will open the floodgates to many or any similar claims apart, perhaps, from those brought by other victims of Mr Worboys".

Mr Glasgow added that "the events described by these claimants are so rare" that their arguments in the case "do not have broad policy implications".

The action is being contested by Worboys' insurers, who have been granted anonymity.


http://www.bbc.co.uk/news/uk-england-london-17827398

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