The Motor Insurers’ Bureau

Clause 5.1(e) of the Motor Insurers’ Bureau (MIB) Uninsured Drivers’ Agreement 1999 removes the liability of the MIB to indemnify a passenger where that passenger knew or ought to have known that the driver was uninsured. Phillips v Rafiq [2006] EWHC 1461 (QB) raises the question of whether the passenger’s dependants with a claim under the Fatal Accidents Act 1976 are similarly precluded from recovery from the MIB where the passenger himself would not have had a claim against the MIB had he lived.