Kerry Underwood

MOTOR INSURERS’ BUREAU LIABLE FOR OFF-ROAD INJURIES

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In September and October I am delivering my new course – Getting the Retainer Right – in 10 cities – details and booking form here

In Lewis v Tindale (1), Motor Insurers’ Bureau (2) and Secretary of State for Transport (3) [2018] EWHC 2376 (QB)

the Queen’s Bench Division of the High Court held that the Motor Insurers’ Bureau was liable to indemnify the claimant who suffered serious injuries when he was struck by an uninsured 4×4 vehicle whilst walking on private land.

The claimant obtained judgment against the driver and the issue was whether the Motor Insurers’ Bureau was liable to indemnify him in those circumstances.

The High Court held that the Motor Insurers’ Bureau is an emanation of the state for the purposes of the European Union Insurance Directives and was therefore bound to indemnify the claimant at least to the minimum European Union cover of €1 million per victim.

The judgment is very long and reviews all of the authorities in detail and differs from earlier judgments of the High Court.

Although only binding on these particular facts there is now a powerful argument that all of the other exclusions in the Motor Insurers’ Bureau agreements, save for the one allowed by the European Union Directive, that is the exclusion for knowingly entering a stolen vehicle, are illegal, an argument that has long been made by many critics of the Motor Insurers’ Bureau Scheme.

 

Thus the decision follows that of the European Court of Justice in

 

Vnuk v Zavarovalnica Triglav dd (Case C-162/13) [2016] RTR 10.

 

The claim against that the Secretary of State was a Francovich claim, that is for alleged failure to implement the Directive, in accordance with the decision in

 

Francovich v Italian Republic (joined cases c – 6/90 and c – 9/90) [1995] ICR 722.

 

That claim was stayed pending resolution of the claim against the Motor Insurers’ Bureau.

 

 

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Written by kerryunderwood

September 28, 2018 at 7:20 am

Posted in Uncategorized

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