CONSULTATION RESPONSE FILED!

From: Nicholas Bevan [mailto:mail@nicholasbevan.com]
Sent: 22 April 2013 10:13
To: 'drivers.agreements@dft.gsi.gov.uk'
Subject: Review of the Uninsured and Untraced Driver' Agreements

Dear Mr Curzon

Please find attached my response to the Secretary of States’ consultation paper.

I 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:

·         Restore 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.

·         Our 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).

·         Codify 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 since passed.

Please will you acknowledge safe receipt and confirm that my paper will be put before the Minister.

Yours sincerely,

Nicholas Bevan

solicitor

mail@nicholasbevan.com

Office    01823 325365

Mobile  07968 427134

Web       nicholasbevan.com