A driving consultant who was in the Top Gear crash with Andrew Flintoff and is suing BBC Studios for £150,000 ($200,000) gave the presenter “wrong and dangerous instructions,” according to BBC Studios.
Reports emerged over the weekend that Paul Rees, who was sat in the passenger seat on that fateful day in 2022, is seeking up to £150,000 from BBC Studios over claims of personal injury.
Deadline has not obtained Rees’ claim but has BBC Studios’ defense filing, which turns the heat on Rees – the driving consultant in the three-wheeled Morgan Super 3 car. The car overturned at the Top Gear Dunsfold Park Aerodrome, dragging Flintoff face down underneath for about 50 metres and leaving him with severe facial disfigurement injuries, rib injuries and trauma. The show has been rested ever since.
“The claimant gave wrong and dangerous instructions to the presenter as to how to respond to the wheel lifting off the ground,” BBC Studios’ defense filing to Rees’ claim reads. “The claimant wrongly informed the presenter that the Morgan would not turn over and thus encouraged the presenter to go on driving it and to continue attempting the manoeuvre which led to the accident.”
Giving more detail, BBC Studios’ response says Flintoff “expressed concern” when he was practising with the Morgan car and the front wheel lifted while rounding a corner. Rees “reassured the presenter and said the car would not roll,” it added. BBC Studios therefore claimed Rees’ advice was “inappropriate.”
BBC Studios noted that Rees had never driven a Morgan before but said he could have raised concerns or asked for a different consultant to be present prior to the drive. Deadline understands Rees was provided with support by BBC Studios after the crash.
Rees’ claim is the first time it has been revealed that there was someone else in the car on that tragic day. England cricket legend Flintoff’s crash led him to retreat from public life. After settling with BBC Studios for a figure reported to be around £9M, Flintoff detailed his side of the story in a Disney+ documentary. He has since returned to TV presenting and cricket coaching.
Top Gear has been rested since 2022 and rumors abound that it will soon make a comeback. BBC Studios produces the show for BBC and versions of the popular motoring format air all around the world.
A BBC Studios spokesman said of Rees’ claim: “We dispute this claim and are defending it. As it’s now before the courts, it would be inappropriate to comment further.”
Deadline has reached out to Rees for comment.


