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Zenith Insurance facing £5m claim from death-crash driver’s disabled partner

Zenith Insurance facing £5m claim from death-crash driver’s disabled partner

Zenith Insurance facing £5m claim from death-crash driver’s disabled partner
Zenith Insurance is being sued by 29-year-old Christina Vibert, who was critically injured in Edinburgh on 6 January 2013 when her partner Ross Graham’s car, a Honda CRX, hit a HGV trailer. Graham died in the accident, while Vibert suffered a cardiac arrest and was resuscitated at the scene. She was in a coma for a month, having suffered a brain trauma and severe facial injuries. The couple had been driving to an Ikea store to buy furniture for their one-month old baby.

Vibert, who now has limited speech and mobility, claims her partner was driving excessively fast and is seeking compensation from his insurers, Zenith. The claim says she will require physical assistance for the rest of her life because of the injuries she sustained in the incident.

However, Zenith denies liability, claiming Graham was under the influence of cannabis and racing another car when he crashed. The insurer also claims Vibert contributed to her loss because she should have been aware her partner was under the influence of cannabis. The Daily Record reports that papers lodged at the Court of Session in Edinburgh say Zenith’s view is that ‘the pursuer (Vibert) ought not to have allowed herself to be a passenger in the vehicle being driven by the deceased whilst he was under the influence of cannabis. Had she not allowed herself to be a passenger all her injuries would have been avoided’.

Vibert says she does not recall him using the drug.

The case continues.