Can I claim Compensation from an uninsured driver?
Posted on 24th February 2020
Following a Road Traffic Accident which, as the name suggests, is generally considered to be any incident involving traffic, whether car, motorbike, bicycle, bus or any other form of transport on the road, it is common knowledge that you can make a claim for any kind of injury or damage from the fault party, generally using their insurance company to actually make payment of the monies, with the exception being the bicycle, where it would be necessary to pursue the individual rider. The same also applies to pedestrians who, whilst not in a vehicle, if hit by a vehicle are generally considered to be part of a Road Traffic Accident and so, their claim would proceed under the Road Traffic Accident Pre-Action Protocols.
Motor insurance also generally provided cover on private land, such as car parks, although there is usually a clause in most insurance that prohibits use on a race circuit. So, if someone collides with your car on the car park of a local supermarket, motor insurance will generally pick up any bill. MG Legal, your local personal injury solicitor, deals regularly with these types of incident and so, we are well aware of the boundaries of this type of insurance and how to ensure that a fault party does indeed pay our injured client. Over the last 10 years, our personal injury solicitors in Garstang have obtained tens of millions of pounds in compensation for clients injured in road traffic accidents.
However, certain cases were always quite tricky. Our solicitors always settled them favourably for our injured clients, however, until recently, one point that was not so clear was who will pay damages if an incident occurs on private land and the fault party is uninsured. The Motor Insurers’ Bureau (MIB) is a Government backed organisation, funded largely by insurance companies who, of course, pass the cost on in their insurance premiums to law-abiding motorists. In effect, every motorist pays a small addition premium to protect themselves from uninsured drivers.
The MIB do, generally, settle any claim arising from an uninsured driver’s negligent driving on the road. Recently, however, the MIB fought a decision that they should also be responsible for an incident that occurs on private land. The dispute came to a head over two hearings, the first at the Court of Appeal last year in the case of Motor Insurers’ Bureau v Lewis when the Court declined permission that the MIB could refuse to pay out due to an incident occurring on private land. The Supreme Court upheld the Court of Appeal decision, leaving the MIB no choice but to pay Mr Lewis, an elderly gentlemen who was run down and severely injured by an uninsured vehicle on private land.
This is not, however, the end of the saga in the long run, as the Supreme Court utilised EU Directives in its decision. Come 31st January 2021 (or any other date, sooner or later, when the UK is fully severed from the EU) the MIB may again seek to challenge the decision in a future case. In the face of having no comparable law or directive to rely upon, the Courts may come to an alternative decision, but only time will tell in this regard.
MG Legal, your local personal injury solicitor, will be continuing to monitor any developments closely. Whilst there are changes afoot surrounding soft-tissue injury claims, severe injuries valued at £5000.00 or more will still be pursued in the same way and so, should someone else be as unfortunate as Mr Lewis, the case-law above will be incredibly important.
Should you have suffered injury as a result of a Road Traffic Accident, or any other type of incident, MG Legal, your local personal injury solicitor, will be happy to help. We always look to accept all personal injury claims on a Conditional Fee Agreement (no win, no fee agreement) basis and we have extensive experience of all types of personal injury claim, ensuring that we can progress your claim as swiftly as possible and to obtain the best possible settlement for each client.
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