Ex-footballer Ally McCoist found not liable in Aviva case against son

Insurer blamed the Rangers legend for failing to stop his uninsured child from driving car before hit-and-run incident
Ex-footballer Ally McCoist found not liable in Aviva case against son
LEGAL INSIGHTS
By Terry Gangcuangco
06 Sep 2023

Ally McCoist’s son Argyll, who was involved in a hit-and-run incident in 2016 while driving uninsured, will have to pay Aviva £244,000 plus interest all by himself.

In the court case through which Aviva sought that the Rangers legend foot part of the bill, Judge Lord Menzies ruled on Tuesday that McCoist was not liable for failing to stop Argyll from using the Aviva-insured car.

“If the test for liability had been that Mr McCoist failed to take all reasonable steps to see to it that Argyll did not drive the car, I consider that he would have failed that test,” Lord Menzies wrote in his judgment, as reported by the Scottish Daily Express.

“But that is not the test. I can find nothing in the evidence which comes up to the statutory test of permitting.”

The judge was referring to the argument that the younger McCoist was “permitted” to use the vehicle, given his access to it and its keys.

Under the Aviva policy, only the 60-year-old McCoist was covered. It was also noted that Argyll had lied about having his own coverage.

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