Why the Motor Insurers' Bureau is liable for motor accidents on private property
In the first of two New Law Journal articles, Putting wrongs to rights, I argue the case for fixing the Motor Insurers’ Bureau (MIB) with liability to compensate motor accident victims who fall through the safety net provided by compulsory third party motor insurance under Part VI of the Road Traffic Act 1988.
I revisit primary European law principles relating to state
liability. Applying this law to the MIB, I conclude that as this state incepted insurance consortium discharges a
public service that is regulated by the Secretary of State for Transport and
because it has also been conferred with special powers to enable it to
discharge that role (one that is clearly defined by Article 10 of the European Directive
2009/103 on motor insurance, in mandatory terms) it is subject to its direct
effect.
Consequently, the MIB is liable to compensate victims who qualify for protection
under Article 10 regardless of whether or not our national law provision actually
extends to the accident circumstances.
