Law Tort / Personal Injury

APIL Guide to MIB Claims: Uninsured and Untraced Drivers, 5th Edition

By Andrew Ritchie
LexisNexis U.K. August 2023

Specifications

ISBN-13
9781784734473
Publisher
LexisNexis U.K.
Publication
August 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

APIL Guide to MIB Claims: Uninsured and Untraced Drivers provides the practical advice that all personal injury litigators handling RTA cases need to advise clients whose claims involve untraced and uninsured drivers. These cases have always been fraught with procedural difficulties and the technical nature of the Uninsured Drivers' Agreement 1999 has increased the risks of default by claimants and solicitors.

This new edition has been extensively revised and rewritten to include:

  • the impact of the UK withdrawing from the EU and the status of the Motor Insurance Directive (Directive 2009/103/EC)
  • the significance of the Motor Vehicle (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 on s.151 RTA 1988
  • what we know about the future, the Motor Vehicles (Compulsory Insurance) Bill totally revised chapter on the Green Card Scheme and the MIB's role handling accidents abroad after Brexit, and
  • totally revised chapter on the Untraced Drivers’ Agreement 2017

Comprehensive case law update including:

  • the Supreme Court cases of R&S Pilling -v- UK Insurance Ltd and Cameron -v- Liverpool Victoria Insurance Co Ltd
  • the Court of Appeal case of MIB -v- Lewis
  • Roadpeace -v- (1) Secretary of State for Transport (2) MIB
  • Brown -v- (1) Fisk (2) Soteria Insurance (3) MIB (4) Secretary of State for Transport, and
  • Greenaway -v- (1) Parrish (2) Covea (3) MIB

Table of Contents

  1. Liability for compensation for road traffic accidents
  2. The driver's liability
  3. The passenger's liability
  4. The owner's liability
  5. The insurer's liability under a contract of insurance
  6. The insurer's liability under the Road Traffic Act 1988, s151
  7. The MIB's liability under the 1999 Uninsured Drivers' Agreement
  8. Practical guidance on the Uninsured Drivers' Agreement 1999
  9. The Green Card System -accidents involving overseas drivers
  10. The Untraced Drivers' Agreement 2003
  11. The Criminal Injuries Compensation Scheme
  12. Appendices: The Uninsured Drivers' Agreement 1999
  13. The Guidance Notes to the Uninsured Drivers' Agreement 1999
  14. Draft Particulars of Claim
  15. Uninsured Drivers' Agreement 1999 Application form
  16. The Motor Vehicles (Third Party Risks) (Amendment) Regulations 2001 (SI 2001/2266)
  17. MIB Booklet: Making a Claim -A Brief Guide
  18. The European Communities (Rights Against Insurers) Regulations 2002 (SI 2002/3061)
  19. MIB Articles of Association
  20. The Untraced Drivers' Agreement 2003
  21. Road Traffic Act 1988, Part VI Third-Party Liabilities
  22. Motor Insurance Directives
  23. Council Directive (72/166/EEC)
  24. Second Council Directive (84/5/EEC)
  25. Third Council Directive (90/232/EEC)
  26. Fourth Council Directive (2000/26/EC)
  27. Fifth Council Directive (2005/14/EC);
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