The Law of Compulsory Motor Vehicle Insurance

Cover
Half Title
Series Page
Title
Copyright
CONTENTS
DETAILED CONTENTS
Preface
Table of cases
Table of EU legislation
Table of UK Statutes
Table of UK statutory instruments
CHAPTER 1 BRIEF HISTORY OF THE INSURANCE OBLIGATION AND INTERACTION WITH THE EU LAW
	Introduction
	History (domestic law)
	Third Parties (Rights Against Insurers) Act 1930
	Objectives of motor third party liability insurance
	The EU regime
	A Member State’s liability for a failure to implement a Directive
	Limitation period
	The principle of “consistent interpretation”
		Direct effect
CHAPTER 2 THE INSURANCE OBLIGATION: OVERVIEW
	Obligation to insure under the Road Traffic Act 1988
	Obligation under EU Directives
	Strict liability
	Burden of proof
	Certificate of insurance
		Keeping a record of the certificate
	When a vehicle does not meet insurance requirements
	Void and voidable insurance contracts
	Contracts with an exclusion clause
	No obligation on the insurer to accept insurance proposals
	Exceptions to compulsory insurance or security
		EU law
CHAPTER 3 INSURANCE OBLIGATION: SCOPE (MEANING OF “PERMIT,” “CAUSE,” “MOTOR VEHICLE,” “ROAD OR OTHER PUBLIC PLACE”)
	Permit and cause use
	Conditional permission
	Death of the person who gave the permission
	The offender
	A person using the vehicle in the course of employment
	The meaning of “permit” under RTA section 151(8)
	Extension clauses – permitted users for the scheduled vehicle
		Continuing ownership
	Double insurance, contribution and rateable proportion clauses
	Motor vehicle
		EU law
	Road or other public place
		Road
		“On” the road
		Public access
		A definable way between two points
		Car parks
	“Other public place”
		Offences other than RTA s 143
		Beaches
		EU law
		Compatibility with the EU law
CHAPTER 4 REQUIREMENTS WITH RESPECT TO THE INSURANCE POLICY: FORM AND SCOPE
	Insurer
	Policy document
	Deregulation Act 2015
	The 2002 Regulations
	Transfer
	Risks that are not required to be covered
	EU law: minimum amount of indemnity
	The position of employees
		RTA 1988 section 145(4A)
		Employee driver
		Meaning of “carried”
		Insurance of an exempted institution
	Vicarious liability
	Subrogation in employment cases
	Issues to be covered by section 145
		Personal injury
	Non-material damages
		Who can claim compensation for non-material damages?
	Injury to the person who was actually using the vehicle
	Passengers
		The owner when injured as a passenger in their own vehicle
	“Any liability” arising out of the use of the vehicle
CHAPTER 5 THE MEANING OF “USE” OF A VEHICLE
	Significance of defining the term “use”
	Meaning
		“Use” is not confined to “drive”
	Causation
	Normal function of the vehicle
	Is “normal function” of a vehicle confined to use as a means of transport?
		EU law
		Reconciling domestic and EU law
	“Moving” a motor vehicle
	Immobility
	Towage
		Driver has no control of the vehicle towed
		Vehicle not used under its own power
	Is a passenger a user?
	Common law
		Controlling, managing or operating the vehicle
		Joint venture
		Person accepting a lift
		Pre-determined joint purpose
		Having “control or management” through ownership interest
	EU law
CHAPTER 6 CIVIL LIABILITY
	Introduction
	Is breach of statutory duty actionable?
	Motor insurance
	The nature of liability
		Causation
		The owner is a passenger in his own vehicle
	Exclusions from cover
		The user must be impecunious
	Interpretation of “permit” and “cause”
	The effect of avoidance of the insurance contract
	No extension to section 143(1)(a)
	Monk v Warbey liability and the MIB
	Economic loss
	Limitation period
CHAPTER 7 CONTROL OF POLICY TERMS
	Insurer v third party victim
	Domestic law
	Conditions identified under section 148(2)
	Passengers
	Passenger’s contribution to the accident
	Insurers’ liability to the assured where policy contains s 148 limitations
	Terms that are not relevant to actual loss (IA 2015 s 11)
	Suspensory conditions
	Conditions and conditions precedents after the IA 2015
	Restrictions referred to under the RTA 1988 s 148(2)
	Conditions in relation to driving license
	Claims provisions
	Notification provisions
	“As soon as possible”
	Claim co-operation clauses
	What is insured under compulsory motor third party liability insurance?
	Permitted exclusions from cover
		RTA 1988 section 145(4)
		Social, domestic, pleasure purposes
	The essential character of the journey
		Borderline cases
		Multiple characters of the journey
		Motive to determine the essential character of the journey
		Incidental deviations
	Hire and reward
	Car-sharing arrangements
	Definition of assured
	The EU dimension
	Minimum coverage
		The victim is the owner of the vehicle
		(1) Owner is the driver injured by their own negligence
		(2) Owner is a passenger and the driver is a person covered by the owner’s insurance
		(3) Owner is a passenger and the driver is not covered by the owner’s insurance
		(4–6) Owner is a pedestrian
	Single premium
	Exclusions for assured’s deliberate act
	Arbitration clauses
	Void or voidable contracts
	Unfair terms
CHAPTER 8 THIRD PARTY VICTIM’S RIGHT OF DIRECT ACTION AGAINST INSURERS
	The regime under section 151 of the RTA 1988
	Delivery of certificate
	Liability covered by section 151(2)
		Section 151(2)(a)
		Section 151(2)(b)
	Unlicensed driver exclusion – section 151(3)
	Excluded liability – section 151(4)
	Stolen or unlawfully taken
	The state of mind under section 151(4)
		Knew
		Had reason to believe
	Ex turpi causa
	Policy restrictions and section 151
	A claim through the assured or through section 151
	Permitted exclusions
	Monk v Warbey liability and section 145 of the RTA 1988
	Right of recourse
	Insurer’s right of recourse against the owner who was a passenger
	A judgment against an untraced driver and a section 151 claim
	Notifying the insurer of the action against the assured
	Timing
	Formality and the content of the notice
		Bringing of the proceedings
		Is mere contact sufficient?
	Waiver
	Cancellation of the policy
	Stay of execution
	Seeking declaration to avoid the insurance contract
	Motor Insurers’ Bureau Articles of Association, Article 75
	Notification of the third party claimant
		Section 152 and EU law
	Discretion on the court to set aside a default judgment
	Primary direct actions against insurers under the EU law
CHAPTER 9 CREDIT HIRE AGREEMENTS
	General principles of claiming damages when a vehicle is damaged
		Cost of repair
		Cost of hire
		Car hire
	Legal statutes of credit hire agreements
		Champerty and public policy considerations
		Contingent liability
		Mitigation point
	Calculating damages
	Assessing the basic hire rate
		Impecuniosity
	Failure to mitigate the loss
		Failure to examine the insurance documents
		Proof of a need for a replacement vehicle
		Offer for a replacement vehicle by the defendant’s insurer
		Delay in arranging a repair
		Claimant’s no claim discount
	Where the claimant did not pay for the cost of hire himself
		Fruit of the claimant’s own insurance and insurer’s subrogation
	Insuring the credit hire charge
	Ex turpi causa
	Different forms of arrangement
CHAPTER 10 MOTOR INSURERS’ BUREAU
	The Motor Insurers’ Bureau Agreements
		Uninsured Drivers Agreement
		Untraced Drivers Agreement
	EU Directives
	The legal status of the MIB Agreements
	Is the MIB an emanation of the state?
	Is the MIB independent of its members insurers?
	Where the MIB is unnecessarily involved
	Untraced or Uninsured Drivers Agreement
	Uninsured Drivers Agreement
		Scope
		Relevant liability
		Unsatisfied judgment
		Authorities excluded
		Other sources of recovery
		The 2017 Supplementary Agreement
		Passengers
		Withdrawn consent
	RTA s 151(8)
		Where a claim is made by the dependants
		Duties of the claimant
		MIB’s response
	Untraced Drivers Agreement
		Scope
		Joint liability of identified and unidentified persons
		Other sources of recovery
		Damage to property
		Passengers
		Duties of the claimant
		Compensation
		Costs
		Dispute resolution
		Set-off
		Enforcement of payment
	The nature of claim against the MIB
	Defences available to the MIB
		Stolen vehicles
		The meaning of “knew” in the context of the Directives
	The law subsequent
	Insurer’s insolvency
	Does the MIB protect the vehicle users?
	Relying on a Directive in a claim against the MIB?
CHAPTER 11 INJURIES SUFFERED IN THE EU
	Implementation of the Fourth Directive
	Entitlement to compensation where the insurer is identified
		Compensation body’s response
		Vehicle or insurer is not identified
		Level of compensation – applicable law
		Jurisdiction matters
		Green Card
CHAPTER 12 THE PUBLIC POLICY DOCTRINE
	Various applications of the doctrine
	Limitations to the doctrine
		Life insurance references
	Careless driving and ex turpi causa
	Joint illegal enterprise
	Turpitude
	Mental element
	Causation
	Turpitude not found – contributory negligence
	The nature of claims against MIB and public policy
	Claim against insurers under the 2010 Act
	Vehicles used in the course of a crime
CHAPTER 13 INSURANCE OF AUTOMATED VEHICLES
	Automated vehicles defined by the Act
	Liability
	Defences available for the insurer
	Contributory negligence
	Software
	Subrogation
	Motor Insurers’ Bureau
Index