Ben Wilkinson, of High Street, Macclesfield, was severely injured when his friend Kieran Fitzgerald lost control of the Peugeot 306 and ploughed into an on coming vehicle.
The judge granted them leave to appeal, saying the case brought up important issues which needed looking at again.
car a gift from his mother and father, Susan and Stephen Wilkinson when the accident happened on the A523 Silk Road.
Ben suffered multiple fractures and head injuries which have left him with a changed personality.
Insurance giant Churchill, which covered Ben who had not been drinking as a 'named driver' on the car, accepted liability.
His severe injuries and brain damage means he will need a lifetime of care.
Fitzgerald was later convicted of dangerous driving, driving with excess alcohol and driving without insurance.
Ben, 23, let his friend drive from a McDonald's restaurant on the night of the crash, in November 2005, despite the fact that Nike Air Force 1 Green Suede motor mechanic Fitzgerald had spent the evening in the Peel Arms, on Peel Street, Macclesfield.
But in the first case of its kind the firm said it would claw back any compensation paid to Ben, saying he was at fault for letting his friend drive.
However, it could be years before Ben sees any money because the case raises legal issues never before considered by the courts. Churchill which is opposing Ben's case, will now take it to the Court of Appeal.
to train as an accountant.
But now a judge at London's High Court has ruled that Churchill must pay out to Ben and has no right to recover' any compensation from him.
He has also suffered from double and blurred vision, dizziness and disturbed sleep, but he has returned part time to work at Sainsbury's and started an accounts course at college.
He was just 20 at the time of the accident in Macclesfield in November Air Force Flyknit Low
2005, and was working part time in Sainsbury's and as a labourer for his gas fitter and plumber dad Stephen. He hoped to go to university Nike Air Force 1 Low Green Suede
Ben, then aged 20, was a front seat passenger in the Grey Nike Air Force 1 Low
If that argument had succeeded, Ben would have effectively walked away without a penny
Landmark case win for horror crash victim
A MACCLESFIELD man left brain damaged after he let an uninsured drink driver get behind the wheel of his car, has won a landmark victory in his fight for multi million pound damages.
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