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

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

Author: Andrew Ritchie
Publisher: LexisNexis U.K.
ISBN: 9781784734473

Previous Edition ISBN: 9781784732059
Published In: August 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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

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