Dr Nicholas Bevan

Dr Nicholas Bevan

Friday, 9 May 2014


Inadequate safeguards for minors and the mentally handicapped 

The Association of Personal Injury Lawyers have just published my exposĂ© on the lack of proper safeguards afforded to children and mentally incapacitated victims by insurers who approach road accident victims direct as well as those who are unlucky enough to be injured by an unidentified or 'hit and run' driver. 

The Association of Personal Injury Lawyers is a fabulous organisation which campaigns for fair treatment and justice for accident victims, to help put their lives back on track.  Please support it in any way you can.

 This includes a response by a  spokesperson for the Motor Insurers Bureau. It indicates that the MIB untraced drivers scheme was given a clean bill of health in the High Court by Mr Justice Hickinbottom in Carswell v Secretary of State for Transport & the MIB [2010] EWHC 3230 (QB), and so it was.  However, I have two observations to make.  Firstly, Carswell was a case where the deceased's family were superbly represented by the redoubtable Andrew Richie QC and it had nothing whatsoever to do with injured minors or mentally handicapped victims.  My second point is that the European Commission is currently investigating a number of breaches of Community law where our national law provision fails to properly implement the minimum standards of protection imposed under the Motor Insurance Directives.  The Commission's concerns embrace both the Uninsured and Untraced Drivers Agreements.  So watch this space!

Click here to access the article, reproduced with APIL's kind permission.

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