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Index

Law of Compulsory Motor Vehicle, The

Page 277 Index Index absence of insurance or security deposited sums 2.31 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 Green Card guarantee 11.54 , 11.55 apparatus carried on vehicle defence that may not be argued against third party victims 7.4 – 7.6 , 7.38 arbitration clauses 7.104 , 7.105 Untraced Drivers Agreement 10.90 – 10.92 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 definition 7.75 , 7.76 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 immobilisation 5.40 – 5.45 “moving” a motor vehicle 5.34 – 5.39 towage 5.46 – 5.62 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 ex turpi causa 12.12 – 12.14 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 Page 278 car-sharing arrangements 7.72 – 7.74 carried in or upon a vehicle meaning 4.24 – 4.26 carrying goods defence that may not be argued against third party victims 7.4 – 7.6 , 7.33 – 7.35 causation breach of statutory duty 6.16 , 6.17 turpitude 12.19 , 12.22 – 12.28 use of a vehicle 5.10 – 5.15 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 avoidance of the insurance contract 6.30 , 6.31 breach of statutory duty 6.4 – 6.6 causation 6.16 , 6.17 economic loss 6.39 – 6.45 exclusions from cover 6.19 – 6.26 impecuniosity 6.24 – 6.26 , 6.54 interpretation of “permit” and “cause” 6.27 – 6.29 limitation period 6.46 – 6.55 Monk v Warbey liability 6.11 – 6.18 , 6.22 , 6.25 , 6.30 – 6.38 , 8.57 – 8.68 motor insurance 6.7 – 6.10 Motor Insurers’ Bureau and Monk v Warbey liability 6.35 – 6.38 nature of liability 6.11 – 6.18 overview 6.1 – 6.3 owner is passenger in his own vehicle 6.18 owner is also user together with the driver 6.32 – 6.34 right of direct action 8.57 – 8.68 right of recourse 8.74 – 8.80 claim co-operation clauses 7.45 – 7.47 claims history statement 2.37 – 2.39 claims provisions 7.40 – 7.43 claims representatives appointment under Fourth Directive 1.20 , 11.3 , 11.6 , 11.7 , 11.15 , 11.16 clamping vehicles vehicle not meeting insurance requirements 2.22 compensation amounts minimum/maximum levels in Member States 4.12 – 4.16 , 7.83 , 7.84 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 exclusion clause 2.25 – 2.28 extension clauses 3.15 – 3.23 rateable proportion clauses 3.35 – 3.39 void and voidable 2.23 , 2.24 control of policy terms arbitration clauses 7.104 , 7.105 avoidance or cancellation of exceptions 7.2 , 7.3 breach of claims 7.41 , 7.42 breach of conditions 7.12 , 7.13 , 7.16 , 7.28 breach of warranty 7.12 – 7.14 car-sharing arrangements 7.72 – 7.74 claim co-operation clauses 7.45 – 7.47 claims provisions 7.40 – 7.43 condition precedent 7.12 , 7.14 , 7.28 , 7.40 , 7.42 definition of assured 7.75 , 7.76 deliberate acts by insured 7.96 – 7.103 domestic law 7.2 , 7.3 driving licence conditions 7.39 essential character of journey 7.59 – 7.69 EU law 7.77 – 7.82 exclusions to conditions that may not be argued against third party victims 7.4 – 7.6 , 7.30 – 7.38 hire and reward 7.70 – 7.71 Insurance Act 2015 section 10 and 11 7.13 – 7.21 , 7.28 “insured vehicle” term 7.49 insurer v third party victim 7.1 insurers’ liability to the assured where limitations in policy 7.12 – 7.15 limitation of liability 7.12 minimum coverage 7.83 , 7.84 notification provisions 7.43 not relevant to actual loss 7.14 – 7.21 passengers 7.7 – 7.10 passenger’s contribution towards accident 7.11 permitted exclusions 7.51 – 7.58 schedule particulars 7.48 single premium 7.94 , 7.95 suspensory conditions 7.22 – 7.27 territorial scope of cover 7.94 , 7.95 unfair terms 7.109 use for social/domestic or pleasure purposes 7.54 – 7.58 void or voidable contracts 7.106 – 7.108 warranties 7.12 – 7.14 , 7.21 , 7.23 , 7.26 , 7.40 what and who is insured 7.48 – 7.50 councils exemption from compulsory insurance 2.32 , 2.33 , 4.27 – 4.30 , 10.38 courts see also legal proceedings discretion to set aside default judgment 8.142 Member State’s liability for failure to implement Page 279 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 claims history statement 2.37 – 2.39 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 setting aside 8.142 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 Untraced Drivers Agreement 10.90 – 10.92 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 borderline cases 7.61 – 7.63 determination 7.59 , 7.60 driver’s intention 7.68 dual purposes 7.64 – 7.67 incidental deviations 7.69 motive to determine 7.68 multiple characters of journey 7.64 – 7.67 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 Page 280 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) jurisdictional rules 11.36 – 11.41 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 claims by owner of vehicle 7.85 – 7.93 contracts with 2.25 – 2.28 deliberate acts by insured 7.96 – 7.103 EU law 7.77 – 7.82 not to be argued against 7.4 – 7.6 , 7.30 – 7.38 permitted 7.51 – 7.58 , 8.50 – 8.56 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 “gentleman’s agreement” 4.38 , 4.39 go-karts 3.42 goods carried in vehicle defence that may not be argued against third party victims 7.4 – 7.6 , 7.33 – 7.35 Go-peds 3.44 Green Card System additional premium for obtaining 11.56 claims representative 11.52 claims settlements 11.45 , 11.48 co-operation between bodies 11.49 , 11.50 Council of Bureaux (CoB) 11.43 , 11.49 countries using the system 11.47 , 11.47n75 crossing borders 1.16 , 11.45 , 11.46 form of 11.46 guarantee funds 11.49 guarantee for the visited country 11.51 guarantee mechanism in EEA and EU Member States 11.54 , 11.55 history of 11.43 information centres 11.49 international certificate of insurance 11.42 , 11.44 local guarantee fund 11.32 managing organisation 11.43 Member State residents 11.9 Motor Insurers’ Bureau 11.53 origin of the vehicle Page 281 11.55 secretarial services 11.49 subscribing State 11.18 , 11.18n29 validity of green card 11.54 visiting non-participating countries 11.57 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 goods carried for 4.11 , 7.51 passengers carried for 4.18 , 4.56 , 7.70 , 7.71 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 Green Card guarantee 11.54 , 11.55 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 civil liability 6.24 – 6.26 , 6.54 credit hire agreements 9.28 – 9.36 right of direct action against insurer 8.122 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 exemption from compulsory insurance 2.32 , 2.33 , 4.27 – 4.30 , 10.38 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 use of vehicle 5.68 – 5.75 jurisdictional rules 11.36 – 11.41 knock-for-knock agreements 7.45 , 7.47 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 Green Card guarantee 11.54 , 11.55 lifts passenger accepting 4.56n78 , 5.63 , 5.69 , 5.73 , 7.65 , 7.69 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 exemption from compulsory insurance 2.32 , 2.33 , 4.27 – 4.30 , 10.38 manslaughter 8.42 , 12.4 material damage minimum amount of indemnity 4.12 – 4.16 ; 7.83 , 7.84 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 dangerous driving 12.17 passengers 5.72 , 5.74 , 5.75 , 7.27 , 12.20 Motor Insurers’ Bureau authorised insurer 4.1 automated vehicles 13.25 , 13.26 claims against 10.6 company limited by guarantee 10.2n6 , 10.26n60 emanation of the state 10.21 #_x2013; 10.26 formation 10.2 history of 10.1 , Page 282 10.2 Green Card System representative 11.53 independence from members insurers 10.27 , 10.28 insurer’s obligation to be a member of 10.5 legal nature of 10.21 – 10.26 obligation of 10.3 recovery from Financial Services Compensation Scheme 10.4 unnecessary involvement 10.29 Motor Insurers’ Bureau agreements #_x201C;any liability” arising out of use of the vehicle 4.61 , 4.61n95 , 4.62 , 8.46 automated vehicles 13.25 , 13.26 avoided insurance cover 8.123 between Secretary of State for the Environment and 1.13 claims against 4.55 , 4.59 complaints 10.70 criminal acts 4.61n95 , 8.46 defences available to 10.99 – 10.111 EU Consolidated Directive 10.14 , 10.15 EU Fifth Directive 10.12 , 10.13 EU Fourth Directive 10.16 , 10.17 EU law’s influence on 10.9 – 10.17 EU Second Directive 10.9 , 101.10, 10.16 , 10.17 EU Third Directive 10.11 excluded liability 10.99 – 10.111 ex gratia payments 10.8 , 10.8n18 insolvent insurers 10.119 – 10.127 “knew or ought to have known” in context of the Directives 10.104 – 10.118 legal anomalies 10.95 legal status 10.18 – 10.20 Monk v Warbey liability and 6.11 , 6.35 – 6.38 nature of claims against 10.95 – 10.98 , 12.30 – 12.32 protection provided by 1.13 , 10.128 public policy doctrine 12.30 – 12.32 reliance on a Directive in claims against 10.129 – 10.133 stolen vehicles 10.99 – 10.103 uninsured drivers agreement see Motor Insurers’ Bureau Uninsured Drivers Agreement untraced drivers agreement see Motor Insurers’ Bureau Untraced Drivers’ Agreement Motor Insurers’ Bureau Article 75 insurer appointment 8.125 , 8.126 avoidable or cancelled policies 8.126 , 8.133 burden of proof 8.128 ceasing to be 8.127 disputes and appeals 8.132 double insurance 8.129 payment with right of recourse 8.130 satisfying the creditor 8.130 uninsured/untraced driver 8.131 Motor Insurers#_x2019# Bureau as compensatory body under the Fourth Directive appointment of claims representative 11.15 indemnifying the injured party 11.17 jurisdiction matters 11.36 #_x2013; 11.41 level of compensation – applicable law 11.24 – 11.35 requirements 11.13 response to claims 11.16 , 11.17 right of recourse 11.22 unidentified insurer or vehicle 11.18 – 11.23 Motor Insurers’ Bureau Uninsured Drivers Agreement application 10.30 , 10.31 authorities excluded 10.38 bringing of proceedings 10.59 #_x2013; 10.65 claim form 10.55 , 10.68 claims made by dependants 10.53 , 10.54 duties of claimant 10.55 – 10.68 excluded liability 10.102 exclusions removed by 2017 Supplementary Agreement 10.43 , 10.44 hire agreement/hire-purchase agreements 10.45n86 history 10.7 influence of drink or drugs 10.48 insurer’s right of recourse where passenger as owner permitted uninsured driver 10.52 joined as additional defendant to relevant proceedings 10.59 – 10.63 “knew or ought to have known” in context of the Directives 10.104 – 10.118 legal status 10.18 – 10.20 other sources of recovery 10.39 – 10.42 passengers 10.45 – 10.50 relevant liability 10.33 – 10.36 response to claim 10.69 , 10.70 right of recourse against Article 75 insurer 8.131 scope of 10.31 terrorism 10.44 unsatisfied judgment 10.37 , 10.67 waiver of condition precedent 10.62 , 10.63 withdrawn consent 10.51 voluntary acceptance of risk 10.51 Motor Insurers’ Bureau Untraced Drivers Agreement application 10.30 , 10.31 arbitration 10.90 #_x2013; 10.92 compensation payments 10.80 – 10.88 costs 10.89 damage to property 10.76 dispute resolution 10.90 – 10.92 duties of the claimant 10.78 , 10.79 enforcement of payment 10.94 ex gratia payments 10.8 , 10.8n18 history 10.8 joint liability of identified and unidentified persons 10.74 legal advice 10.88 legal status 1.29 , 10.18 – 10.20 other sources of recovery 10.75 passengers 10.77 right of recourse against Article 75 insurer 8.131 right to setoff 10.93 scope of 10.71 – 10.73 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 Page 283 national courts see courts National Health Service exemption from compulsory insurance 10.38 no claim discount 9.46 non-material damages national law 4.49 – 4.52 persons who can claim compensation 4.53 , 4.54 recovery 4.49 – 4.54 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 Green Card guarantee 11.54 , 11.55 notice of the bringing of proceedings formality and content of 8.101 – 8.113 timing 8.96 – 8.100 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” driver injured by own negligence 7.86 exclusion clauses covering claims by 7.85 #_x2013; 7.93 passenger in own vehicle 4.59 , 6.18 , 7.87 – 7.90 pedestrian is owner 7.91 – 7.93 victim is owner 7.85 passenger as user of the vehicle accepting a lift 4.56n78 , 5.63 , 5.69 , 5.73 common law 5.65 – 5.77 concept of use 5.63 control/management or operation of vehicle element 5.66 , 5.67 , 5.75 – 5.77 EU law 5.78 – 5.82 interpretation of “user” 5.63 , 5.64 joint venture 5.68 opening vehicle doors 5.78 ownership interest 5.76 , 5.77 pillion passenger 5.72 , 5.74 , 5.75 pre-determined joint purpose 5.70 – 5.75 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 Page 284 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 other public place 3.66 – 3.72 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 exemption from compulsory insurance 2.32 , 2.33 , 4.27 – 4.30 , 10.38 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 exemption from compulsory insurance 2.32 , 2.33 , 4.27 – 4.30 , 10.38 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 applications 12.5 – 12.8 careless driving 12.12 – 12.14 causal link between crime and claim 12.3 causation 12.22 – 12.29 claims against insurers under Third Parties (Rights Against Insurers) Act 2010 12.33 , 12.34 contributory negligence 12.29 cost of hire vehicle 9.52 , 9.53 gross negligence 12.13 , 12.14 interpretation 12.1 – 12.4 joint illegal enterprise 12.15 , 12.16 life insurance references 12.9 – 12.11 limitations 12.9 – 12.11 meaning of ex turpi causa 12.1 mental element 12.21 nature of claims against MIB 12.30 – 12.32 principles of ethics and common law 12.2 turpitude 12.17 – 12.20 use of stole vehicle 8.40 – 8.42 vehicles used in the course of crime 12.35 – 12.37 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 amount that may be recouped 8.69 civil liability 8.74 – 8.80 EU law 8.74 MIB Article 75 insurer Page 285 8.131 national rules 8.74 , 8.75 “the other side of the bargain” 8.71 owner as passenger 8.73 uninsured driver 8.70 , 8.72 risks not required to be covered 4.11 road or other public place car parks see car parks definable way between two points 3.57 – 3.59 definition of road 3.50 EU law 3.66 – 3.72 off road accidents 3.66 – 3.72 “on” the road 3.51 , 3.52 other public place 3.62 – 3.72 private road with public access 3.53 – 3.56 public place 2.1n1 , 3.63 RTA 1988 provisions 2.1 , 2.3 use of vehicle 3.66 – 3.68 Road Traffic Act 1930 history of 1.6 , 1.7 main aim of 1.11 position of employees 4.18 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 introduction and purpose of 1.18 Member State’s liability for failure to implement 1.26 – 1.32 minimum amount of indemnity 4.12 – 4.16 Motor Insurers’ Bureau 10.9 , 10.10 , 10.16 , 10.17 , 10.20 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 “had reason to believe” 8.30 – 8.39 “turning a blind eye” 8.28 , 8.29 statistical information accidents in the twentieth century 1.5n12 stay of execution 8.121 stolen or unlawfully taken vehicles excluded liability 8.12 , 8.17 – 8.27 exclusion clauses 7.80 ex turpi causa 8.40 – 8.42 joint criminal activity 8.40 – 8.42 “knew or had reason to believe” 8.30 – 8.39 “knew or ought to have known” 8.31 – 8.39 Motor Insurers’ Bureau excluded liability 10.99 – 10.103 not meeting insurance requirements 2.20 “turning a blind eye” 8.28 , 8.29 turpitude 12.17 subrogation right assured’s deliberate act 7.99 , 8.51 automated vehicle insurance 13.23 , 13.24 credit hire agreements 9.47 , 9.48 , 9.51 double insurance 8.129 employment cases 4.38 , 4.39 Fourth Directive 11.10 insolvency 1.10 vehicle parked on private land driven without owner’s permission 3.68 , 5.30 suicide attempts 7.99 , 8.51 suspensory conditions 7.22 – 7.27 Switzerland Green Card guarantee 11.54 , 11.55 taxicabs hire and reward 7.71 sexual assaults 5.20 , 5.21 , 5.33 suspensory conditions 7.22 third party rights 1.8 , 4.56 terms see control of policy terms territorial scope of cover 7.95 terrorism 10.44 test certificate use without 5.3n3 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 history of 1.8 – 1.10 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 Page 286 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 causation 12.22 – 12.29 dangerous driving 12.17 – 12.20 joint illegal act 12.23 – 12.27 tyres worn down and defective 5.41 , 5.41n82 , 5.61n106 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 judgment against 8.81 – 8.91 limitation period 1.33 Monk v Warbey liability 8.57 , 8.82 Motor Insurers’ Bureau liability 8.84 – 8.91 statistics 10.6 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 waiver by affirmation 8.116 , 8.117 by insurers’ conduct 8.114 , 8.115 promissory estoppel 8.118 , 8.119 warranties 7.12 – 7.14 , 7.21 , 7.23 , 7.26 , 7.40 weight of goods carried in vehicle defence that may not be argued against third party victims 7.4 – 7.6 , 7.33 – 7.35 winding up third party rights 1.8 – 1.10 workmen’s compensation scheme 4.17 , 4.18

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