i-law

Law of Compulsory Motor Vehicle, The

Page 277

Index

Index

  • absence of insurance or security
  • admission of liability 7.46
  • age or physical or mental condition
    • defence that may not be argued against third party victims 7.4–7.6, 7.31
  • alcohol see driving under the influence of drink or drugs
  • Andorra
  • apparatus carried on vehicle
    • defence that may not be argued against third party victims 7.4–7.6, 7.38
  • arbitration
  • area of vehicle’s use
    • defence that may not be argued against third party victims 7.4–7.6, 7.36
  • associated equipment and machinery 4.26, 4.37
  • assured user
  • authorised insurer
    • meaning 4.1
    • policy of insurance see policy of insurance or security
  • Automated and Electric Vehicles Act 2018
    • application 13.3
    • “arising out of” and “use” terms 13.13
    • contributory negligence 13.19, 13.20
    • crown and public sector 13.17
    • damage to the vehicle 13.11, 13.12
    • defences available to insurer 13.18
    • defined vehicles 13.3–13.6
    • direct right of action 13.14, 13.15
    • “driving itself” interpretation 13.13
    • excluded liability 13.21
    • insured person meaning 13.9
    • introduction of 13.2
    • liability 13.7–13.17
    • limitation period 13.24
    • list of all motor vehicles capable of driving themselves on roads /public places 13.5, 13.6
    • passengers’ liability 13.16
    • single insurer model 13.8, 13.25
    • software installations 13.21, 13.22
    • subrogation 13.23, 13.24
    • unauthorised modifications to vehicles 13.21
  • automated vehicle insurance
    • classification of vehicles 13.1
    • “conditional automation” 13.1
    • consultation and feedback 13.2
    • development of legislation 13.2
    • “driving assistance” 13.1
    • “high automation” 13.1
    • legislation see Automated and Electric Vehicles Act 2018
    • Motor Insurers’ Bureau Articles of Association and Agreements 13.25, 13.26
    • “partial automation” 13.1
    • responsibility for error 13.4
  • avoidance of insurance contract 6.30, 6.31, 7.107, 8.116, 8.123, 10.31
  • bankruptcy
    • breach of statutory duty 6.14
    • cancellation of policy and surrender of certificate 4.8
    • civil liability 6.40, 6.55
    • claims against MIB 10.96
    • insurer in other Member States 10.121
    • Third Party (Rights against Insurers) Act 1930 1.8–1.10
  • beach car parks 3.64
  • breach of claims 7.41, 7.42
  • breach of conditions 7.12, 7.13, 7.16, 7.28
  • breach of statutory duty 6.4–6.6
  • breach of warranty 7.12–7.14
  • bringing proceedings see legal proceedings
  • broken down vehicles
  • Brussels Regulation Recast, European Parliament and Council Regulation 1215/2012 11.36–11.41
  • burden of proof
    • insurance cover on driver 2.11
    • MIB Uninsured Drivers Agreement 10.48
  • Burns test 3.42, 3.49
  • caravan parks 3.63
  • careless driving
  • car hire see credit hire agreements
  • car parks
    • beach car parks 3.65
    • hospital car parks 3.63
    • hotel car parks 3.63n143
    • overview 3.60, 3.61
    • public house car parks 3.63
    • railway station car parks 3.64
    • retail commercial enterprises 3.63
    • staff car parks 3.64

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    car-sharing arrangements 7.72–7.74
  • carried in or upon a vehicle
  • carrying goods
    • defence that may not be argued against third party victims 7.4–7.6, 7.33–7.35
  • causation
  • certificate of insurance or security
    • accident victim’s request for information 2.17
    • burden of proof 2.11
    • confirmation of cover 2.12
    • defaced 4.3
    • delivery and effectiveness of cover 4.5–4.8, 8.6, 8.7
    • Deregulation Act 2015 4.5–4.8
    • electronic transmission 4.3
    • European Communities (Rights against Insurers) Regulations 2002 4.9
    • false statements/withholding information 2.18
    • form of 2.12
    • Green Card 11.42, 11.44
    • issue of 2.12
    • keeping a record of 2.19
    • lost or destroyed 4.3
    • not a “policy of insurance” 4.4
    • offences 2.13–2.18
    • production by driver on police request 2.13
    • requirement 2.12
    • seizure of vehicle on failure to produce 2.14–2.16
    • transfer of policy or security 4.10
  • champerty 9.11–9.13
  • civil liability
  • claim co-operation clauses 7.45–7.47
  • claims history statement 2.37–2.39
  • claims provisions 7.40–7.43
  • claims representatives
  • clamping vehicles
    • vehicle not meeting insurance requirements 2.22
  • compensation amounts
  • condition of the vehicle
    • defence that may not be argued against third party victims 7.4–7.6, 7.32
  • conditional permission to use vehicle 3.6–3.8
  • Consolidated Motor Insurance Directive 2009/103/EC
    • Article 4 Checks on insurance 1.25
    • claims history statement 2.37–2.39
    • definition of vehicle 3.46
    • evaluation 1.24
    • exceptions to compulsory insurance or security 2.35–2.39
    • exclusion clauses 7.77–7.82
    • interpretation 1.23
    • liability for failure to implement 1.26–1.32
    • loss or injury during direct journey between two territories 2.6
    • minimum amount of indemnity 4.14–4.16
    • Motor Insurers’ Bureau 10.14, 10.15
    • obligations to insure under 2.5–2.7
    • overview 1.22
    • proposal for amending directive 1.24, 4.16
    • scope of cover provided 4.44
    • where vehicle is normally based 4.45
  • contract of insurance
  • control of policy terms
  • councils
  • courts see also legal proceedings
    • discretion to set aside default judgment 8.142
    • Member State’s liability for failure to implement

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      directives 1.26–1.32
    • obligation to construe domestic legislation consistently with EU law 1.35, 1.36
    • principle of consistent interpretation 1.34–1.37
  • covering note 4.2
  • credit hire agreements
    • ancillary expenses included in repair cost 9.4
    • assessing basic hire rate 9.25–9.36
    • basic hire rate and actual credit hire rate 9.22–9.24
    • calculating damages 9.22–9.24
    • capital account loss 9.1
    • car hire 9.8–9.10
    • champerty 9.11–9.13
    • claimant not paying for cost of hire himself 9.47, 9.48
    • claimant’s no claim discount 9.46
    • contingent liability 9.14
    • cost of car hire 9.6, 9.7
    • delay in arranging repair 9.45
    • different forms of arrangement 9.54–9.56
    • diminution in value 9.3
    • double recovery impediment 9.49–9.51
    • ex turpi causa 9.52, 9.53
    • failure to examine policy documents 9.38
    • failure to mitigate loss 9.37–9.46
    • free of charge replacement 9.49–9.51
    • impecuniosity 9.28–9.36
    • insuring the credit hire charge 9.49–9.51
    • legal statutes of 9.11–9.21
    • mitigation 9.6, 9.15–9.21
    • non-pecuniary losses 9.5
    • offer of replacement vehicle by defendant’s insurer 9.41–9.44
    • pre-accident value 9.2
    • proof of need for replacement vehicle 9.39, 9.40
    • public policy considerations 9.11–9.13
    • repair costs 9.1–9.5
    • subrogation of insurer 9.47, 9.48
    • Uninsured Drivers Agreement 10.46, 10.46n86
  • Criminal Injuries Compensation Authority 10.40, 10.67, 10.75n130
  • criminal use of vehicle 4.60, 7.58, 7.96
  • cross-border movement
  • cul-de-sac 3.53n124, 3.60
  • dangerous driving 7.99, 10.112; 12.17–12.20
  • declaration to avoid insurance contract 8.122–8.124
  • default judgment
  • deliberate damage caused by assured 7.96–7.103, 8.51–8.56
  • deposited sums
    • replacing insurance-security requirement 2.31, 2.32
  • Deregulation Act 2015 4.5–4.8
  • dispute resolution
  • double insurance 3.34–3.36; 8.129
  • driverless cars see automated vehicle insurance
  • driving licences
    • conditions in relation to 7.39
  • driving under the influence of alcohol or drugs
    • contribution to accident 7.11
    • control of policy terms 7.81
    • fitness to use vehicle 7.31
    • gross negligence 12.13
    • knowledge of 10.48
    • public place 3.63n150
  • drugs see driving under the influence of alcohol or drugs
  • drunk drivers see driving under the influence of alcohol or drugs
  • dumper trucks 3.43, 3.49
  • economic loss
    • claims under Monk v Warbey liability 6.39–6.45
  • effectiveness of cover 4.5–4.8
  • electric vehicles see Automated and Electric Vehicles Act 2018
  • emergency treatment of traffic casualties 4.47
  • employees’ position
    • carried in or upon a vehicle 4.23#_x2013;4.26
    • compulsory employers’ liability insurance 4.20
    • employee driver 4.23
    • Employers’ Liability (Compulsory Insurance) Act 1969 4.17, 4.21, 4.22
    • exempted institutions 4.27–4.30
    • history of insurance cover 4.17–4.22
    • passengers 4.21–4.23
    • subrogation in employment cases 4.38, 4.39
    • Third Council Directive 4.21
    • use of vehicle in course of employment 3.12
    • vicarious liability of employer 4.31–4.37
    • worker’s compensation scheme 4.17
  • Employers’ Liability (Compulsory Insurance) Act 1969 4.17, 4.21, 4.22, 4.22n32
  • employment
    • employees see employees’ position
    • subrogation in employment cases 4.38, 4.39
    • use of vehicle in course of 3.12
    • vicarious liability of employer 4.31–4.37
  • essential character of journey
  • EU law
    • application of directives in Member States 1.14
    • consistent interpretation principle 1.34–1.37
    • Consolidated Motor Insurance Directive see Consolidated Motor Insurance Directive 2009/103/EC
    • control of policy terms 7.77–7.82
    • definition of vehicle 3.46–3.49
    • exceptions to compulsory insurance or security 2.34–2.39
    • exclusion clauses 7.77–7.82
    • First Directive see First Council Directive 72/166/EEC
    • Fifth Directive see Fifth Council Directive 2005/14/EC
    • Fourth Directive see Fourth Council Directive 2000/26/EC
    • historical progression of relevant directives 1.14–1.25
    • implementation of directives into national legislation 1.34–1.37
    • injuries suffered in other Member States see Fourth Council Directive 2000/26/EC

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      insolvency of insurer 10.119–10.127
    • interpretation 1.23
    • “knew or ought to have known” in context of the Directives 10.104–10.111
    • limitation period 1.33
    • Member State’s liability for failure to implement directives 1.26–1.32
    • minimum amount of indemnity 4.12–4.16, 7.83, 7.84
    • normal function of vehicle confined to use as means of transport 5.22–5.33
    • notification of third party claimant 8.136–8.141
    • “other public place” 3.66–3.72
    • owner of the vehicle 7.85–7.93
    • passenger as user 5.78–5.82
    • primary direct action against insurers under 8.143–8.151
    • reliance on a Directive in claims against MIB 10.129–10.133
    • Second Directive see Second Council Directive 84/5/EEC
    • single premium 7.94, 7.95
    • Third Directive see Third Council Directive 90/232/EEC
    • use of a vehicle 3.66–3.68
  • European Communities (Rights against Insurers) Regulations 2002 4.9
  • European Economic Area (EEA)
    • accidents occurring in other Member States see Fourth Council Directive 2000/26/EC
    • Green Card guarantee 11.54, 11.55
    • jurisdictional rules 11.36–11.41
  • European Free Trade Association (EFTA)
  • evidence of insurance see certificate of insurance or security
  • excepted institutions or authorities 2.32, 2.33; 4.27–4.30
  • exceptions to compulsory insurance or security 2.31–2.33, 4.27–4.30
  • exclusion clauses
  • extension clauses
    • challenge to enforceability 3.16
    • continuing ownership 3.24–3.33
    • definition of insured 7.76
    • differences between “instead of” and “succession” 3.26
    • doctrine of privity 3.16, 3.17
    • indemnification 3.15–3.33
    • insurable interest requirement 3.16, 3.18, 3.19
    • permitted users for the scheduled vehicle 3.15–3.33
    • temporary use of another car 3.27–3.33
  • ex turpi causa see public policy doctrine
  • Financial Services Compensation Scheme 10.4, 10.5n197
  • Fifth Council Directive 2005/14/EC
    • exclusion from insurance obligations 2.35n67
    • introduction and purpose of 1.21
    • Member State’s liability for failure to implement 1.26–1.32
    • minimum amount of indemnity 4.13
    • Motor Insurers’ Bureau 10.12, 10.13
  • First Council Directive 72/166/EEC
    • aims 1.16
    • exceptions to compulsory insurance or security 2.34
    • introduction 1.15–1.17
    • Member State’s liability for failure to implement 1.26–1.32
  • foreign motor accidents
    • Fourth Council Directive see Fourth Council Directive 2000/26/EC
  • Green Card System see Green Card System
  • forklift trucks 3.42
  • Fourth Council Directive 2000/26/EC
    • accidents occurring in other Member States 11.1–11.4
    • appointment of claims representative 1.20, 11.3, 11.6, 11.7, 11.15, 11.16
    • entitlement to compensation where insurer identified 11.15
    • establishment of information centres 11.4
    • identification of insurer and vehicle 11.8
    • implementation procedure 11.10–11.14
    • introduction and purpose of 1.20
    • Member State’s liability for failure to implement 1.26–1.32
    • Motor Insurers’ Bureau as compensatory body under see Motor Insurers’ Bureau as compensatory body under the Fourth Directive
    • prompt settlement of claims 11.6
    • time scale for legal action 11.7
  • Francovich damages
    • limitation period for claims 1.33
  • hamburger van 5.18, 5.19, 5.33
  • haulage contractors 4.31n44
  • highways see road or other public place
  • Highways Act 1896 1.5
  • hire and reward
  • hiring vehicles see credit hire agreements
  • history of insurance obligation
    • domestic law 1.3–1.7
    • early twentieth century 1.3–1.7
    • employees 4.17–4.20
    • EU law see EU law
    • first commercial policy 1.3
    • Highways Act 1896 1.5
    • Motor Car Act 1903 1.5
    • nineteenth century insurances 1.3
    • Road Traffic Act 1930 1.6, 1.11
    • Road Traffic Act 1988 1.7, 1.12
    • Third Parties (Rights Against Insurers) Act 1930 1.8–1.10
    • workmen’s compensation scheme 4.17
  • horsepower/cylinder capacity of vehicle
    • defence that may not be argued against third party victims 7.4–7.6, 7.37
  • horses
    • history of insurance 1.3–1.7
  • hospital car parks 3.63
  • hospital treatment of traffic casualties 4.47
  • hotel car parks 3.63n143
  • Iceland
  • identification means
    • defence that may not be argued against third party victims 7.4–7.6, 7.38
  • immobilisation of vehicles 5.40–5.45
  • impecuniosity
  • insolvency
    • breach of statutory duty 6.14
    • cancellation of policy and surrender of certificate 4.8
    • civil liability 6.40, 6.55
    • claims against MIB 10.96
    • Financial Services Compensation Scheme 10.4
    • insurer in other Member States 10.121
    • insurers 10.4, 10.119–10.127
    • Third Party (Rights against Insurers) Act 1930 1.8–1.10, 6.2
  • institutions
  • Insurance Act 2015
    • breach of terms 7.13
    • breach of warranties 7.13
    • conditions and conditions precedent 7.14, 7.28
    • terms not relevant to actual loss 7.16–7.21
  • insurance policy see policy of insurance
  • “insured vehicle” rather than driver 7.49, 7.50
  • joint criminal activity
    • public policy doctrine 12.15–12.26
    • use of stolen or unlawfully take vehicle 8.40, 8.41
  • joint liability of identified/unidentified persons 10.74
  • joint venture
  • jurisdictional rules 11.36–11.41
  • legal proceedings
    • bringing of the proceedings 8.102–8.111
    • formality and content of notice 8.101–8.113
    • timing of notice of the bringing of proceedings 8.96–8.100
  • liability
    • civil liability see civil liability
    • contingent liability 9.14
    • Member State’s liability for failure to implement directives 1.26–1.32
    • right of direct action see right of direct action against insurer
    • strict liability offence under RTA 1988 2.8–2.10
    • vicarious liability 4.31–4.37
  • Liechtenstein
  • lifts
  • limitation period
    • automated vehicles 13.24
    • claims against the UK 1.33
    • claims under Monk v Warbey liability 6.46–6.55
  • Lister principle 4.38, 4.39
  • local authorities
  • manslaughter 8.42, 12.4
  • material damage
  • maximum amount of cover required 4.11
  • means of transport
    • whether normal function of vehicle confined to use as 5.17–5.33
  • military vehicles
    • definition of vehicle 3.46
    • use of vehicle 3.67
  • miniature motor cycles 3.42
  • minimum amount of indemnity 4.12–4.16, 7.83, 7.84
  • Ministry of Defence
    • exemption from compulsory insurance 10.38
  • misrepresentation 2.10
  • Monk v Warbey liability see civil liability
  • Motor Car Act 1903 1.5
  • motorcycles
  • Motor Insurers’ Bureau
  • Motor Insurers’ Bureau agreements
  • Motor Insurers’ Bureau Article 75 insurer
  • Motor Insurers#_x2019# Bureau as compensatory body under the Fourth Directive
  • Motor Insurers’ Bureau Uninsured Drivers Agreement
  • Motor Insurers’ Bureau Untraced Drivers Agreement
  • Motor vehicles
    • adapted for use on roads 3.40, 3.41
    • associated equipment and machinery 4.26, 4.37
    • Consolidated Motor Insurance Directive definition of vehicle 3.46
    • definition 3.40, 3.46
    • dumper trucks 3.43
    • employees see employees’ position
    • EU law 3.46–3.49
    • forklift trucks 3.42
    • go-karts 3.42
    • Go-peds 3.44
    • intended for use on roads 3.42
    • meaning of use of a vehicle 3.66–3.72
    • miniature motor cycles 3.42
    • RTA 1988 definition 3.40
    • scramble motorcycle 3.45
    • tractors 3.43
  • Motor Vehicles (Third Party Risks) Regulations 1972
    • certificate of insurance requirements 2.12, 2.19
  • “moving” a motor vehicle 5.34–5.39

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    national courts see courts
  • National Health Service
    • exemption from compulsory insurance 10.38
  • no claim discount 9.46
  • non-material damages
  • normal base of vehicle 4.45, 4.46
  • normal function of the vehicle
    • any use of vehicle consistent with 5.16, 5.17
    • domestic law 5.17–5.21
    • EU law 5.22–5.26
    • hamburger van 5.19, 5.33
    • machine for carrying out work distinct from means of transport 5.31
    • period of time for assessing purpose of use 5.29
    • policy wording 5.28
    • relevant use of vehicle on the road 5.18, 5.19
    • repairs on private property 5.27
    • taxi 5.20, 5.21
    • tractors 5.23–5.26, 5.32
    • vehicle parked on private land taken and driven without owner’s permission 5.30
    • whether confined to use as means of transport 5.17–5.33
  • Norway
  • notice of the bringing of proceedings
  • notification provisions
    • ”as soon as possible” 7.44
    • example of claims provision 7.43
    • notifying insurer of action against the assured 8.92–8.95
    • notifying third party claimant 8.134–8.141
  • number of persons carried in vehicle
    • defence that may not be argued against third party victims 7.4–7.6
  • objectives of motor third party liability insurance 1.11–1.13
  • obligation to insure
    • burden of proof 2.11
    • certificate of insurance see certificate of insurance or security
    • continuing ownership 3.24–3.33
    • double insurance 3.34–3.39
    • exceptions to compulsory insurance or security 2.31–2.39
    • exclusion clauses in contracts 2.25–2.28
    • extension clauses 3.15–3.33
    • no obligation on insurer to accept insurance proposals 2.29, 2.30
    • permission or cause use see permission or cause use
    • rateable proportion clauses 3.35–3.39
    • road or other public place see road or other public place
    • strict liability 2.8–2.10
    • under Consolidated Motor Insurance Directive Article 3 2.5–2.7
    • under Road Traffic Act 1988 provisions 2.1–2.4
    • vehicle not meeting insurance requirements 2.20–2.22
    • void and voidable insurance contracts 2.23, 2.24
  • offences
    • absence of compulsory insurance 1.1
    • certificate of insurance 2.14, 2.17, 2.18, 5.2
    • employees’ position 4.33
    • knowledge of 10.115
    • not having valid insurance 5.2
    • “other public place” 3.64
    • stolen or unlawfully taken vehicles see stolen or unlawfully taken vehicles
    • strict liability 2.8–2.10
    • use of vehicle 5.2, 5.2n3
    • vehicle not meeting insurance requirements 2.20–2.22
  • off road accidents 3.66–3.72
  • “other public place”
    • meaning 3.63 see also road or other public place
  • “owner of the vehicle”
  • passenger as user of the vehicle
  • passengers
    • carried for hire or reward 4.18, 4.56, 7.70, 7.71
    • car-sharing arrangements 7.72–7.74
    • chauffeur driven 4.57
    • contribution towards an accident 7.11
    • employees’ position 4.21–4.23
    • insurance policy requirements 4.56–4.59
    • owner of vehicle injured as passenger in own vehicle 4.59, 6.18, 7.85–7.90
    • restrictions in policy terms 7.7–7.11, 7.33
    • Uninsured Drivers Agreement 10.45–10.50
    • Untraced Drivers Agreement 10.77
    • use of the vehicle see passenger as user of the vehicle
  • pedestrians
    • owner of vehicle injured as 7.91–7.93
  • penalties
    • vehicle not meeting insurance requirements 2.21
  • permission or cause use
    • civil liability 6.27–6.29
    • conditional permission 3.6–3.8
    • continuing ownership 3.24–3.33
    • death of person who granted permission 3.9
    • employees using vehicle in course of employment 3.12
    • expressed or inferred 3.2
    • extension clauses 3.15–3.33
    • meaning of “permit” and “permitted” 3.13, 31.14
    • the offender 3.10, 3.11
    • permitted users for the scheduled vehicle 3.15–3.23
    • proof of mens

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       rea 3.4, 3.5
    • restrictions 3.3
    • scope of RTA 1988 provisions 2.1. 2.2, 3.1–3.5
  • personal injury
    • both physical and psychological suffering 4.48
    • emergency treatment 4.47
    • meaning 4.48
    • minimum amount of indemnity 4.12–4.16
  • “physical location” of accident
  • physical or mental condition
    • defence that may not be argued against third party victims 7.4–7.6
  • pillion passenger 5.72, 5.74, 5.75, 7.27
  • “ply for hire” operations 2.27
  • police authorities
  • policy of insurance or security
    • “any liability” arising out of use of the vehicle 4.60–4.62
    • “any person” to be covered 4.42, 4.55
    • authorised insurer 4.1
    • “bodily injury to any person” 4.55
    • cancellation of policy 8.120
    • certificate of insurance see certificate of insurance or security
    • control of policy terms see control of policy terms
    • covering note 4.2
    • declaration to avoid 8.122–8.124
    • Deregulation Act 2015 4.5–4.8
    • effectiveness of cover 4.5
    • employees see employees’ position
    • European Communities (Rights against Insurers) Regulations 2002 4.9
    • meaning of “use” 4.43
    • minimum amount of indemnity 4.12–4.16
    • non-material damages 4.49–4.54
    • normally based in Great Britain 4.46
    • passengers 4.56–4.59
    • requirements in respect of 4.40–4.48
    • personal injury 4.47, 4.48
    • risks not required to be covered 4.11
    • schedule to 7.48
    • scope of cover provided 4.44
    • subrogation in employment cases 4.38, 4.39
    • terms see control of policy terms
    • transfer 4.10
    • use of vehicle 4.43
    • vicarious liability of employer 4.31–4.37
    • where vehicle is normally based 4.45, 4.46
  • private land
    • use of vehicles on 3.66–3.72
    • vehicle parked on private land taken and driven without owner’s permission 3.68, 5.30
  • private road with public access 3.53–3.56
  • privity doctrine 3.16, 3.17
  • public bodies
  • public house car parks 3.63
  • public liability insurance 5.57
  • public place 2.1n1, 3.63 see also road or other public place
  • public policy doctrine
  • purpose of journey see essential character of journey
  • railway station car parks 3.64
  • rateable proportion clauses 3.35–3.39
  • repair costs
    • ancillary expenses included in repair cost 9.4
    • capital account loss 9.1
    • diminution in value 9.1, 9.3
    • measure of loss 9.2
    • non-pecuniary losses 9.5
    • pre-accident value 9.2
  • retail commercial enterprises
    • public access and car parking 3.63
  • right of direct action against insurer
    • cancellation of policy 8.120
    • “causing or permitting use” 8.65–8.68
    • claimant the assured 8.48, 8.49
    • claimant the third party victim 8.48, 8.49
    • declaration to avoid insurance contract 8.122–8.124
    • delivery of certificate 8.6, 8.7
    • excluded liability 8.17–8.20
    • discretion of court to set aside a default judgment 8.142
    • EU law 8.143–8.151
    • liability covered 8.8–8.15
    • Monk v Warbey liability 8.57–8.68
    • Motor Insurers’ Bureau appointment of Article 75 insurer see Motor Insurers’ Bureau Article 75 insurer
    • “notice of bringing of the proceedings” 8.96–8.113
    • notifying the insurer of action against the assured 8.92–8.95
    • notifying the third party claimant 8.134–8.141
    • permitted exclusions 8.50–8.56
    • policy restrictions 8.43–8.47
    • primary direct action against insurers under EU law 8.143–8.151
    • requirements to be satisfied 8.5
    • right of recourse 8.69–8.80
    • RTA 1988 8.1–8.5
    • state of mind 8.28–8.39
    • stay of execution 8.121
    • stolen or unlawfully taken vehicles 8.17–8.39
    • timing for bringing proceedings 8.96–8.100
    • unlicensed driver exclusion 8.16
    • untraced driver 8.81–8.91
    • waiver 8.114–8.119
  • right of recourse against assured
  • risks not required to be covered 4.11
  • road or other public place
  • Road Traffic Act 1930
  • Road Traffic Act 1988
    • burden of proof 2.11
    • caravan park roadways 3.63
    • certificate of insurance requirements see certificate of insurance or security
    • history 1.7
    • obligation to insure under 2.1–2.4
    • permit and cause use see permission or cause use
    • proof of act or default 2.8
    • regulation of third party liabilities 1.12
    • strict liability 2.8–2.10
    • vehicles failing to meet insurance requirements 2.20–2.22
  • road worthiness of the vehicle
    • defence that may not be argued against third party victims 7.4–7.6, 7.32
  • Royal Commission on Transport 1928 1.6
  • sale of vehicle
    • lapse of policy 3.24
  • “Scott v Avery” clause 7.104
  • scramble motorcycle 3.45
  • Second Council Directive 84/5/EEC
  • Secretary of State for the Environment
    • agreements between Motor Insurers’ Bureau and 1.13
  • security against third-party risks
    • certificate of security see certificate of insurance or security
    • exceptions to 2.31–2.39
    • rules governing 1.12, 2.1, 2.3
  • seizure of vehicles
    • failure to produce certificate of insurance 2.13–2.16
  • shifting insurance from vehicle to vehicle 3.25, 3.26
  • sidecars 2.28
  • single premium charge 7.94, 7.95
  • social/domestic or pleasure purposes
    • purpose of the use 7.54–7.58 see also essential character of journey
  • “SORN” declaration 2.20
  • state of mind
  • statistical information
    • accidents in the twentieth century 1.5n12
  • stay of execution 8.121
  • stolen or unlawfully taken vehicles
  • subrogation right
  • suicide attempts 7.99, 8.51
  • suspensory conditions 7.22–7.27
  • Switzerland
  • taxicabs
  • terms see control of policy terms
  • territorial scope of cover 7.95
  • terrorism 10.44
  • test certificate
  • theft see stolen or unlawfully taken vehicles
  • Third Council Directive 90/232/EEC
    • employees’ position 4.21
    • introduction and purpose of 1.19
    • Member State’s liability for failure to implement 1.26–1.32
    • Motor Insurers’ Bureau 10.11, 10.129
  • Third Parties (Rights Against Insurers) Act 1930
  • Third Parties (Rights Against Insurers) Act 2010
    • claims against insurers under 12.33, 12.34
    • history and application 1.10
  • time of vehicle’s use
    • defence that may not be argued against third party victims 7.4–7.6, 7.36
  • towage
    • control or management of vehicle the operative test 5.49, 5.54, 5.62
    • driver having no control over vehicle being towed 5.46–5.49
    • vehicle not used under its own power 5.50–5.62
  • tractors
    • defined as a motor vehicle 3.43, 3.46, normal function of the vehicle 5.16, use as a means of transport 5.23–5.25, 5.32

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    trailers 2.27n59, 5.16, 5.39
  • tramcars 1.3
  • trustee for a third party 3.17n48
  • “turning a blind eye”
    • stolen or unlawfully taken vehicle 8.28, 8.29
  • turpitude
  • tyres
  • unfair terms 7.109
  • uninsured drivers
    • civil liability see civil liability
    • deliberate behaviour 8.51
    • “knew or ought to have known” 8.31
    • loaning a vehicle to 8.12
    • Monk v Warbey liability 8.57–8.68
    • Motor Insurers’ Bureau arrangements 2.27
    • owner as victim 4.59, 7.89, 7.90, 7.93
    • permit and cause 3.5, 3.6, 3.14
    • pre-determined joint purpose 5.70, 5.72, 5.73
    • right of recourse against 8.70, 8.72
    • taxi driver 3.12
    • vicarious liability 4.33
  • Uninsured Drivers Agreement see Motor Insurers’ Bureau Uninsured Drivers Agreement
  • unlawfully taken vehicles see stolen or unlawfully taken vehicles
  • unlicensed driver 8.16, 8.23
  • untraced drivers
  • Untraced Drivers Agreement see Motor Insurers’ Bureau Untraced Drivers Agreement
  • use of a vehicle
    • “arising out of the use” 5.10–5.15
    • causation 5.10–5.15
    • EU law 3.66–3.68
    • immobilised vehicles 5.34–5.45
    • identifying the user 5.1, 5.2
    • liability of user 5.2
    • meaning 4.43, 5.4–5.9
    • “moving” a vehicle 5.34–5.39
    • normal function of the vehicle 5.3, 5.16–5.33
    • not confined to act of driving the vehicle 5.9
    • parked on private land but no longer driven by owner 3.68
    • passengers 5.63–5.82
    • policy must cover “any liability” arising out of use of the vehicle 4.60–4.62
    • principal use as means of transport 5.17–5.33
    • private land 3.66–3.68
    • relevant use of vehicle 5.17–5.21
    • social/domestic or pleasure purposes 7.54–7.58
    • towage 5.46–5.62
    • valid test certificate 5.3n3
  • value of vehicle
    • defence that may not be argued against third party victims 7.4–7.6
  • vehicle used in the course of a crime 12.35–12.37
  • void and voidable contracts 2.23, 2.24, 7.106–7.108

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