Unfortunately they were looking in the wrong place.
As my earlier blog indicates, the Nemeti claim was effectively non suited as Regulation 3 confines the victim’s entitlement under the direct right to the contractual cover conferred by the driver’s motor insurance policy (in my opinion wrongly so). Furthermore, the definition of accident in regulation 2 restricts the direct right to accidents in the UK. Their driver was not authorised to drive by either the vehicle owner or the insurer and, of course, the accident did not take place in the UK. The claim in Nemeti was dismissed as a result. An attempt to substitute the claim with an entirely new one, after the limitation period had expired, failed.