A woman injured in a car crash is suing the driver who died.

Erica Rutter, 27, was a passenger in Clayton Harffey's car when he ploughed into a tree.

Mr Harffey, 32, died in the crash and front seat passenger Ms Rutter, of Church Marks Lane, East Hoathley, near Lewes, was seriously injured.

Ms Rutter, who lived with Mr Harffey at the time of his death is now planning take his father John, of Ruffit Wood Farm, Herstmonceux, to court, to claim damages from her dead friend’s estate.

She has claimed Mr Harffey was driving too fast and was not “looking properly” when he crashed on Nash Street, Golden Cross on February 10, 2008.

Ms Rutter has filed a writ at the High Court, seeking unlimited damages from the executors of Mr Harffey’s estate.

In the writ, Ms Rutter said: “The collision was caused by the negligence of Mr Harffey.

“He drove too fast, failed to keep a proper look out, failed to adequately see, heed or act upon a bend in the road.

“He failed to control the vehicle so as to avoid the collision, drove in such a way and at a speed that caused the vehicle to leave the road, failed to slow down, failed to apply his brakes in time and drove into a tree.”

Ms Rutter said the crash left her with brain damage, tissue damage to her lungs and several broken bones, which she said caused her “pain, injury, loss and damage.”

She also said she had suffered fractures to her pelvis and ankle and injuries to her bladder and bowels.

The Argus contacted John Harffey, Clayton’s father, who was listed on the High Court writ as the executor of Mr Harffey’s estate.

John Harffey said he did not know about Ms Rutter’s claim and did not want to comment.

A spokesman for Sussex Police said: “There was a road death investigation and no prosecutions followed because it was a single vehicle accident in which the driver died.

“There was an inquest into Mr Harffey’s death on May 13, 2009 at Uckfield. The verdict of the coroner was death by road accident.”