MIB simplifies agreement and aligns with EU law

This short post is no more than a reminder that for accidents on or after 1 August 2015 involving uninsured drivers a new Motor Insurers’ Bureau (MIB) agreement applies (other than in Northern Ireland).

The MIB press release (the subheading of which forms the title above) serves as a very useful summary of the key differences between the new agreement and the 1999 version it replaces. The complete text of new agreement can be found here.

One of the main changes is the removal of the prohibition on recovering damages if the uninsured vehicle had been used in furtherance of a crime. Doing this solves the problem that the UK Government faced as a result of the Court of Appeal’s decision in Delaney v Secretary of State for Transport in March this year (noted in this BLM news piece). Other important changes include: the simplification of the notice provisions (via a requirement to join MIB to proceedings), the strengthening of the bar on claiming against the Bureau where there are other potential sources of recovery and the formal incorporation of the £1 million property damage limit. A more detailed analysis by BLM colleagues can be found in the document linked here.

We understand that work to update the MIB’s untraced drivers’ agreement is fairly well advanced. Until that is in force, a further short supplementary agreement (the fifth) to the 2003 untraced agreement takes effect for accidents on or after 1 August 2015 in order to ensure consistency with the new uninsured agreement.

About the Author

akAlistair Kinley is BLM’s Director of Policy & Government Affairs.

Alistair is responsible for BLM’s engagement with government departments and regulators on policy and public affairs issues and consultations affecting the firm and its customers. He coordinated BLM’s market-facing activities in connection with the Insurance Act 2015 and the consultations which preceded its publication and introduction in Parliament.

He is a member of the Civil Justice Council (CJC), a regular speaker and experienced commentator on legal and procedural reforms and was a contributing editor to the Law Society’s Litigation Funding Handbook (September 2014).

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