The Law of Motor Insurance

Part I: General Principles of Insurance Law
Formation of contract, cover notes, utmost good faith, conditions and warranties, causation, illegal conduct,  claims, fraudulent claims, measure of indemnity, subrogation and contribution, brokers and other intermediaries

Part II: Motor Vehicle Accidents and the Law of Tort
Principles of tortious liability in general; standard of care owed by road users; measure of damages for personal injury; measure of damages for property damage; measure of damages for economic losses/business interruption; recoverability of costs of hiring replacement vehicles

Part III: Compulsory Motor Insurance
Scope of obligation to insure; terms of compulsory policies; passengers; direct action against insurers; authorised and unauthorised drivers; insolvency of assured; recoveries by social security fund; recoveries by NHS
and private hospitals

Part IV: Claims against the Motor Insurers Bureau
The nature and status of the MIB; uninsured drivers - operation of the scheme; untraced drivers - operation of the scheme; internal organisation of the MIB

Part V: Procedural issues
Motor insurance claims; conditional fee arrangements; after the event insurance; credit hire; international aspects - Green Card, EC accidents, jurisdiction and choice of law

Part VI: First Party Motor Vehicle Insurance
Coverage of policies; common exclusions; construction of policy

APPENDICES

• Road Traffic Act 1988, Part VI
• Social Security (Recovery of Benefits) Act 1997
• Road Traffic (NHS Charges) Act 1999
• SIs issued under the above Acts - there are about 13 of these
• MIB Agreements on Uninsured Drivers 1988 and 1999 (both needed, as many
• cases still fall under old agreement)
• MIB Agreements on Untraced Drivers 1972 and 1996 (both needed as many cases
• still fall under old agreement)
• The Four EC Motor Insurance Directives
• The Fifth Draft EC Motor Insurance Directive