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Driver who was passenger during Freddie Flintoff Top Gear crash is suing BBC

Freddie Flintoff in black hoodie
It wasn’t previously known to the public that there had been a passenger with Freddie Flintoff in the car (Picture: Philip Brown/Getty Images)

Paul Rees, the racing driver who was a passenger in Freddie Flintoff’s awful car crash on Top Gear, is suing BBC Studios.

In 2022, Flintoff suffered serious injuries after the open-topped Morgan Super 3 he was driving overturned.

The presenter reached a compensation settlement with the BBC in 2023 and the show was rested by the broadcaster.

But now his passenger, Rees, is seeking up to £150,000 for personal injury.

That’s according to court documents seen by the BBC.

Metro understands Rees was the professional driver tasked with training and advising Flintoff how to safely control and drive the Morgan on the day of the accident, and that he was sitting on the passenger side of the car.

The racing driver was in the passenger seat of the car when the accident happened (Picture: Porsche AG/hoch zwei)

It wasn’t publicly known that there was another person with Flintoff in the car during the accident, but new details have now emerged.

Rees, 41, was giving Flintoff expert driving advice and BBC Studios claims his ‘faulty instructions’ led to the accident.

In its legal response, the organisation also denied it was negligent ‘as alleged or at all’.

Metro also understands that BBC provided Rees with comprehensive medical and welfare support following the accident, it is denying his demands for compensation and it has been claimed Rees’ account of the crash contradicts the independent accident investigation report.

It has been reported that the BBC are looking to bring the show back with new presenters (Picture: Geoff Pugh/Shutterstock)

BBC News has not seen Rees’ full claim reporting the details, but it has seen his claim form filed in December 2025.

In available court documents, there is new information about what is alleged to have taken place.

During the incident, which happened at Top Gear test track Dunsfold Park Aerodrome in Surrey, BBC Studios said Flintoff expressed concern at points before the crash.

What happened to Freddie Flintoff in theTop Gear crash?

  • December 13, 2022: Freddie Flintoff was driving an open-topped, three-wheel Morgan Super 3 at Dunsfold Park Aerodrome in Surrey when it flipped and slid along the track during filming for BBC’s Top Gear.
  • August 13, 2023: Flintoff appears on his show, Field of Dreams – the extent of his injuries and the fact he rarely left his house, is revealed.
  • October 13, 2023: The Sun revealed that Freddie Flintoff received a seven-figure compensation deal from the BBC.
  • November 21, 2023: BBC confirms Top Gear won’t return ‘for the foreseeable future’.
  • April 25, 2025: Flintoff releases tell-all documentary about the crash, and says at time he ‘didn’t know if he could carry on.’

It said the former cricketer was worried after the car’s front wheel lifted as he took a corner, but Rees reassured Flintoff it could not roll over.

BBC Studios’ defence filings claim Rees told Flintoff: ‘Now turn right… now full power, full power’, as they approached the same corner again.

The document alleged that ‘because on the claimant’s instruction the presenter continued to apply power the Morgan turned over.’

It also claimed: ‘At no time in the period after the accident did the claimant suggest that he had suffered any injury in the accident.’

BBC Studios said in a statement to Metro: ‘We dispute this claim and are defending it. As it’s now before the courts, it would be inappropriate to comment further.’

Metro has reached out to Paul Rees for comment.

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