Top Gear crash passenger seeks £150,000 from BBC Studios

A racing driver who was in the vehicle during Andrew Flintoff’s serious 2022 Top Gear crash is suing BBC Studios for up to £150,000 in personal injury damages. Court documents filed in December 2025 reveal for the first time that Paul Rees was in the passenger seat of the open-topped Morgan Super 3 when it overturned at Dunsfold Park Aerodrome in Surrey. Rees had been providing the presenter with expert driving advice from the passenger seat during the 13 December 2022 filming.

The legal claim exposes a stark dispute over who was responsible for safety protocols during the stunt. BBC Studios has denied negligence "as alleged or at all", arguing in its legal response that Rees provided "faulty instructions" that directly caused the accident. According to the broadcaster's defence filings, microphones in the car captured Flintoff expressing concern when the vehicle's front wheel lifted on a corner.

Despite this warning, Rees allegedly reassured the presenter that the car could not roll over. Approaching the same corner again, Rees instructed Flintoff to "now turn right... now full power, full power". The BBC Studios document claimed that because the presenter followed this instruction and continued to apply power, the Morgan turned over.

The production company is pushing back forcefully against the financial claim. BBC Studios noted that at no point after the accident did Rees suggest he had suffered any injury. "We dispute this claim and are defending it," a BBC Studios statement said. "As it's now before the courts, it would be inappropriate to comment further."

The 2022 incident effectively halted production of one of the BBC's most recognised international media properties. Flintoff, who suffered serious facial and rib injuries, reached a separate compensation settlement with the BBC in 2023. He later described being dragged face-down under the car for about 50 metres, stating: "I thought I was dead," in a Disney+ documentary. The 41-year-old from Oxfordshire added that he did not leave his house for six months after the crash, except for medical appointments.

The emergence of this new lawsuit comes as the BBC evaluates the future of the "rested" programme. Reports indicate the broadcaster has been exploring a return of the long-running motoring show. However, ongoing litigation detailing alleged safety failures at the test track presents a fresh hurdle for BBC Studios as it attempts to rebuild and relaunch the valuable franchise.