BBC is facing fresh legal action over Andrew "Freddie" Flintoff's horror Top Gear crash after a racing driver who was in the vehicle at the time launched a personal injury claim against BBC Studios. Paul Rees, who was sitting in the passenger seat giving Flintoff driving instructions during the filming of Top Gear in December 2022, is seeking up to £150,000 in damages, according to court documents.

The legal case has revealed for the first time that Rees was inside the open-topped Morgan Super 3 when it overturned at the programme's test track at Dunsfold Park Aerodrome in Surrey. Flintoff suffered serious facial and rib injuries in the crash, later revealing he feared he had died after being dragged along the track beneath the vehicle.

BBC Studios is contesting the claim and has denied any negligence.

In its legal defence, the broadcaster argues that Rees did not report suffering any injuries either at the scene or in the aftermath of the incident.

The documents also claim that audio recorded inside the vehicle captured Flintoff expressing concern after one of the car's front wheels lifted while negotiating a corner. According to the BBC's defence, Rees reassured him that the vehicle could not roll over.

Court papers state that, as the pair approached the same corner again, Rees instructed Flintoff: "Now turn right... now full power, full power."

The broadcaster alleges the Morgan then overturned after a front wheel lifted while Flintoff continued accelerating. BBC Studios also claims the accident occurred after Flintoff followed Rees' driving instructions.

In a 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."

The BBC has seen Rees' claim form, which was filed in December 2025, although the full details of his claim have not yet been made public. Rees, 41, and his solicitor have not commented publicly.

The crash brought filming of Top Gear to a halt and had a profound impact on Flintoff, who later spoke candidly about his recovery in a Disney+ documentary.

He revealed he believed he was going to die during the accident and said he spent six months largely confined to his home afterwards, leaving only for medical appointments.

Flintoff reached a compensation settlement with BBC Studios in 2023, after which the corporation announced it was resting Top Gear. Reports have since suggested the broadcaster has been exploring ways to revive the long-running motoring series.