BBC Studios Defends Top Gear Crash, Claims Passenger Gave Dangerous Instructions in £150,000 Lawsuit

The BBC has filed a defense against a £150,000 personal‑injury claim filed by Paul Rees, the driving consultant who sat beside Andrew Flintoff during the 2022 Top Gear Morgan Super 3 crash. Rees alleges the BBC breached its duty of care, while the corporation counters that his own instructions encouraged Flintoff to keep driving a vehicle that was about to overturn. The incident left Flintoff with severe facial injuries, rib fractures and trauma, prompting the show to go on hiatus. The dispute raises questions about liability when a non‑professional passenger gives safety advice on a televised stunt.

What happened

In July 2022, Flintoff was filming a segment at Dunsfold Park Aerodrome when the Morgan Super 3’s front wheel lifted while cornering. Rees, who had never driven a Morgan before, reassured Flintoff that the car would not roll, prompting Flintoff to continue the manoeuvre. The vehicle overturned, dragging Flintoff face‑down for about 50 metres and causing the injuries documented in a later Disney+ documentary.

Rees filed a claim seeking up to £150,000 in damages, alleging the BBC failed to protect him and Flintoff. The BBC’s defense filing argues that Rees gave “wrong and dangerous instructions,” encouraging Flintoff to persist despite the wheel lifting, and that Rees could have raised concerns or requested a different consultant before the drive.

Why it matters

The case tests the boundaries of responsibility on reality‑TV productions that involve high‑risk stunts. If the court finds the passenger liable, broadcasters may tighten vetting of on‑set consultants and enforce stricter safety protocols. Conversely, a ruling favoring the BBC could reinforce the duty of producers to ensure qualified expertise is present, shifting liability away from incidental participants.

How to think about it

Producers should treat any on‑screen advisor as a critical safety partner, requiring documented competence and a clear chain of authority. Risk assessments must include scenarios where non‑expert participants might influence driver decisions. Contracts should delineate liability for advice given during stunts, and insurance policies need to reflect these nuances.

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