Freddie Flintoff Top Gear Crash Twist: Secret Passenger Sues BBC for £150,000 Over Horror Smash

A professional racing driver who was secretly riding alongside Andrew 'Freddie' Flintoff when he crashed during Top Gear filming in Surrey is suing BBC Studios for up to £150,000, previously unseen court papers reveal.

The public had long believed Flintoff was alone when the three-wheeled Morgan Super 3 flipped at the Dunsfold Park Aerodrome test track on 13 December 2022, leaving the former England cricket captain with serious facial and rib injuries.

The crash led to a compensation settlement for Flintoff, the suspension of Top Gear and an internal review of on-set safety at the BBC. What had not been disclosed until now was that there was another person in the car.

Hidden Passenger At Centre Of New Legal Claim

The newly disclosed claim, filed in December 2025 and seen by BBC News, names the hidden passenger as 41-year-old racing driver Paul Rees, from Oxfordshire. Rees, who was in the front passenger seat, is described in the documents as having been brought in to give Flintoff expert advice while cameras and microphones captured the drive.

In his legal action, Rees is seeking damages of up to £150,000 for personal injury. Detailed particulars of his injuries have not yet been made public, as his full claim document has not been released, and Rees and his lawyer did not respond to requests for comment.

BBC bosses previously apologised to Flintoff and agreed a separate payout over the accident, which occurred during a run-through rather than a live broadcast. The corporation later 'rested' Top Gear and has since been reported to be considering a possible reboot.

BBC Says Passenger's Instructions Caused Smash

The broadcaster's defence sets out a different account. BBC Studios denies negligence 'as alleged or at all' and says Rees did not complain of being hurt either at the scene or in the days that followed.

Instead, the company argues Rees's own actions caused the crash, accusing him of giving 'faulty instructions' from the passenger seat that directly led to the Morgan overturning.

The defence relies on audio recorded from microphones inside the open-topped car. According to the documents, Flintoff expressed concern at one point when the front wheel of the Morgan lifted while cornering, and Rees reassured him the vehicle could not roll over.

The pair then approached the same corner again, with Rees allegedly telling Flintoff: 'Now turn right... now full power, full power.' The document states that a front wheel lifted and, 'because on the claimant's instruction the presenter continued to apply power, the Morgan turned over.'

The defence document states that BBC Studios is disputing the claim and that 'at no time in the period after the accident did the claimant suggest that he had suffered any injury in the accident'.

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

Flintoff's Own Account Of Top Gear Horror Crash

Flintoff has previously given his own account of what happened that day. In a Disney+ documentary released last year, he recalled being dragged face-down underneath the car for about 50 metres and admitted, 'I thought I was dead.'

He has said he barely left his house for six months afterwards except to attend medical appointments.

The size of Flintoff's 2023 settlement with the BBC has not been confirmed. Rees's separate claim keeps the fallout from the crash going and focuses attention again on how much risk is considered acceptable when a major entertainment show is filming high-speed stunts, three years after the cameras stopped rolling.