Rangers legend Ally McCoist has told a court how his son ‘lied’ to his ex-wife about being insured to drive a car which later struck a pedestrian.
Ally, 60, told advocate Nick Ellis KC on Tuesday that he had repeatedly told 22-year-old Argyll throughout 2016 that he wasn’t legally entitled to drive an Audi A1 car.
The Court of Session heard how the policy covering Argyll for the car had been cancelled in March 2016. His insurers More Than learned that that Argyll had been “speeding dangerously”.
Ally said he took a set of keys for the car from Argyll and repeatedly told him verbally that he wasn’t legally entitled to continue driving it.
Ally also said he sent Argyll an email telling him that he couldn’t drive the car.
The football commentator also told the court that he sent an email to his ex wife Allison telling her that his son couldn’t drive the car.
The court heard how Ally had given the car to Argyll for his use it was kept at a house in Bishopton, Renfrewshire, where he stayed with his mum.
But the court heard that Argyll later took the car and he was driving it when it struck pedestrian Stephan Murdoch in Bishopton, Renfrewshire, in December 2016.
Mr Murdoch suffered a life changing brain injury after the accident. Argyll later pleaded guilty in September 2018 to charges of driving without insurance and causing serious injury to Stephan by driving dangerously.
On Tuesday, Mr Ellis asked Ally how Argyll was able to drive the car despite these measures. Ally replied by saying that Argyll told Allison that he was covered.
He added: “He didn’t tell his mother the truth and he told her he had insurance or had arranged insurance.”
Describing Argyll’s actions with regard to his mother, Ally later said in evidence: “She’s been lied to.”
Ally was speaking on the first day of a legal action which has been brought to the Court of Session by insurance company Aviva.
Aviva have taken Ally and Argyll to court because of what happened following the collision.
Legal papers state that Ally had bought the car at the centre of the case and had it insured with Aviva.
The legal papers state that Ally was the only person covered by the insurance policy. Argyll was able to drive the car as he obtained a policy with More Than.
Documents tell of how Mr Murdoch raised a legal action against Aviva because they were the insurance company responsible for the Audi which struck him.
Mr Murdoch obtained a legal order which forced Aviva to pay out £200,000 to Mr Murdoch. The firm was also liable for £44,000 expenses.
Aviva are now suing Ally and Argyll for the £244,000 which it paid out as a consequence of the action. The insurance company believe that Ally should be liable for the cost as the policy for the Audi didn’t cover Argyll.
Lawyers for the firm also believe that Ally didn’t do enough to ensure his son couldn’t take charge of the vehicle. Ally is contesting the action.
He says that he took every measure he could to ensure that his son couldn’t drive the car. Argyll is also contesting the claim arguing that he shouldn’t be liable for the costs.
On Tuesday, Ally, of Bridge of Weir, Renfrewshire, told the court that he became aware that his son was stopped for speeding and that he no longer had an insurance policy in place .
Ally said this prompted him to take his car keys from him and to notify him that he didn’t have any legal right to drive.
He said: “I told him he wasn’t legally entitled to drive the car and he wasn’t to drive the car. I took the keys off him and gave them to his mother.”
The court heard that Argyll asked him repeatedly throughout 2016 whether he could drive the car.
Ally said he gave him the same answer about how he was unable to drive the Audi without having an insurance policy.
He added: “Young adults need to be told repeatedly.”
Ally said the car had to be taken to a garage near to Argyll’s home for repairs. He said his son later obtained it after misleading Allison about having insurance.
Argyll McCoist also gave evidence during the proceedings. He said his dad had given him the car and that he was able to drive it because he had a policy with More Than.
He said that the policy was cancelled after the insurers became aware of “dangerous speeding” and that his dad became aware of this later in the year.
He added: “I was told by my dad that I was uninsured. My dad told me he wasn’t going to pay the insurance as a form of punishment.
“I was under strict instruction not drive the car. I was told ‘by no means drive the car’. He said it to me more than once. He told me I wasn’t to use the car.”
Argyll also told the court that in the run up to the collision with Mr Murdoch, he didn’t tell his mum that he didn’t have insurance.
He added: “I had told her that I had insurance.”
He also described what happened after he struck Mr Murdoch. He said: “I drove off. I drove home and the police came.”
When asked why he left the accident scene, Argyll replied: “Sheer panic.”
Argyll also told the court that following the accident, he tried to arrange an insurance policy but was unsuccessful.
He then pleaded guilty to offences at Paisley Sheriff Court in 2018.
Sheriff Colin Pettigrew branded him “reckless” and “immature” for striking Stephan, then driving off in the car.
The sheriff sentenced him to 280 hours unpaid work and he was electronically tagged on a restriction of liberty order for six months. He was banned him from driving for three and a half years.
The hearing before judge Lord Menzies continues on Wednesday.
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