Dr Nicholas Bevan's legal training and awareness blog is primarily intended for motor insurers and legal professionals handling motor accident claims. It was launched in April 2013 to increase awareness of the UK’s systemically defective national law provision in this area.
Nicholas provides legal consultancy services to his professional clients as well as free advice to motor accident victims. Contact him on: 01823 325365 or 07968 427134 or at firstname.lastname@example.org
Dr Nicholas Bevan
Monday, 22 April 2013
CONSULTATION RESPONSE FILED!
From: Nicholas Bevan [mailto:email@example.com] Sent: 22 April 2013 10:13 To: 'firstname.lastname@example.org' Subject: Review of the Uninsured and Untraced Driver' Agreements
find attached my response to the Secretary of States’ consultation paper.
believe that the approach adopted is flawed. In my opinion any proper
review of the MIB Agreements cannot be undertaken in isolation from their
statutory context. I explain my reasoning in my paper, where I also
advance the following key recommendations:
the original legislative objective of the Road Traffic Act 1930 to ensure that
all victims of motor vehicle users, who under our national law are entitled to
compensation for their loss or injury, are automatically entitled to recover
compensation from the responsible vehicle’s motor insurers, direct; wherever
the accident occurs in the UK and whatever the circumstances of the incident. A
victim’s right to compensation should be guaranteed and free from any policy
term or other restriction in liability, which are issues that should be
confined to the insurer / policyholder relationship.
national law provision should adhere to the minimum standards of protection for
victims of motor vehicle users imposed by the Sixth Motor Insurance Directive
and Community law (which incidentally requires the full and comprehensive
third party cover set out above).
the current mix of statutory and extra-statutory provision into one integrated
body of rules (contained in primary and subordinate legislation) for victims of
uninsured and unidentified drivers so that they provide a consistent, clearly
articulated, fair and just compensatory regime for victims of insured,
insufficiently insured, uninsured or unidentified drivers alike. The time for
discarding the present anachronistic and highly partial arrangements has long
will you acknowledge safe receipt and confirm that my paper will be put before