The long awaited fourth edition of the popular APIL Guide to MIB Claims
provides the practical advice that all personal injury litigators handling RTA cases need to advise clients whose claims involve section 151 of the Road Traffic Act 1988, or the untraced and uninsured drivers agreements. These cases have always been fraught with procedural difficulties and the technical nature of agreements has increased the risks of default by claimants and solicitors.APIL Guide to MIB Claims
clearly sets out the potential pitfalls when dealing with MIB claims and offers practical guidance to ensure that your clients’ cases are handled effectively.
This edition has been revised and expanded to include coverage of:
- the Uninsured Drivers’ Agreement 2015
- latest supplements to the Untraced Drivers’ Agreement 2003
- the 6th Motor Insurance Directive
- recent case-law such as Delaney v Secretary of State for Transport; Andrews v MIB; John Clarke v Phoebe Clarke and the MIB; Churchill v Wilkinson and Damijan Vnuk v Zavarovalnica Trigalev
- Francovich claims
In addition the accompanying appendices include all relevant statutory materials (both domestic and European) and MIB documentation, as well as the author’s own draft particulars of claim.10% discount for APIL Members, to take advantage of this offer please call Customer Services on +44 (0)330 161 1234.
About the Authors
Foreword to the First Edition
Association of Personal Injury Lawyers (APIL)
Table of Cases
Table of Statutes
Table of Statutory Instruments
- Liability for Uninsured Drivers who cause Road Traffic Accidents – the Motor Insurers Bureau
- The Uninsured Driver’s Liability
- The Passenger's Liability
- The Owner’s Liability
- The Insurer’s Liability under a Contract of Insurance
- The Insurer’s Liability under the Road Traffic Act 1988, s 151
- The MIB’s Liability under the 2015 and the 1999 Uninsured Drivers’ Agreements
- Practical Guidance on the Uninsured Drivers’ Agreements 1999 and 2015
- The Green Card System – Accidents Involving Overseas Vehicles
- The Untraced Drivers’ Agreement 2003
- The Uninsured Drivers’ Agreement 1999 with Guidance Notes
- The Uninsured Drivers’ Agreement 2015 and Guidance Notes
- The Untraced Drivers’ Agreement 2003 and Supplementary Untraced
- Drivers’ Agreements
- MIB Guidance and Forms
- MIB Conditional Assignment Form
- Particulars of Claim
- MIB Articles of Association
- Road Traffic Act 1988, Part VI Third-Party Liabilities
- The Motor Vehicles (Third Party Risks) (Amendment)
- Regulations 2001 (SI 2001/2266)
- The European Communities (Rights Against Insurers)
- Regulations 2002 (SI 2002/3061)
- Motor Insurance Directives
- Andrews v MIB
"there is nothing better on the market at this price for quality and practical detail"Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers
Read the full review"provides an excellent guide to the area ... comprehensive and clear"Claims MagazineRead the full reviewReview of the previous edition"gives excellent practical guidance ... Recommended"SOLO Magazine
, review of previous edition
This is the fourth edition of ‘MIB Claims’. The third edition was given a bright pink cover which made it stand out and perhaps we have been too conservative for this edition by abolishing the pink.
The first two editions were published at a time when the 1999 Uninsured Drivers’ Agreement had only just come out and we did not know how it would be operated. Our fears, stated in the first edition, were realised and in the early noughties the MIB did try to strike out many claims for proceduraltechnicalities which they had created as barriers to the payment of compensation to innocent persons injured by wrong doers on our roads. The 1999 Agreement was a poor one.
In the third edition of the text I added more commentary on the Road Traffic Act 1988 and new chapters on the Untraced Drivers’ Agreement 2003 and the Green Card scheme. In this edition we have significantly expanded the Untraced Drivers’ section.
I am enormously grateful to all those solicitors who, having dealt with the MIB day in and day out, have worked with me to achieve compensation for injured victims of road traffic accidents.
Since the mid-2000s the growth of lawyers’ understanding of European Road Traffic Directives has led to more and more challenges to the procedural strike-out provisions and exclusion clauses in the 1999 and 2003 Agreements.
It is ironic that at a time when our country is preparing to decide whether to leave Europe, in this field the law is developing fairly and rationally guided by Europe. So we have seen a growth in Francovich claims against the Department for Transport to resolve unfairness caused where they have been led by the MIB into agreeing such ‘strike out’ and ‘exclusion’ clauses. These fancy claims have achieved their purpose and have driven the Department for Transport and hence the MIB to be more careful about how they seek to cut holes in the safety nets which they are required to provide for injured people.
In the preface to the third edition I wrote: ‘in future there may come a time when the MIB agree to re-draft their Agreements hand in hand with groups representing injured persons and if so the procedural problems will hopefully reduce. Until then the need for constant procedural vigilance is going to remain.’
So it has come to pass that the 2015 Uninsured Drivers’ Agreement is a welcome relief. It is much fairer than the 1999 Uninsured Drivers’ Agreement. But the Untraced Drivers’ Agreement 2003 remains in force.
The MIB and by association the DfT still appear to believe that ‘off road’ vehicles and ‘off road’ accidents are not covered by the compulsory insurance requirement in the EC Directives. We shall see how long this can continue.
In this, the fourth edition, I am grateful to the quite excellent Jeremy Ford for editing the text after I wrote it. However, the fact remains that the views set out in this text are mine alone and where there are errors they are also mine alone.
I am also grateful to Paul Ryman-Tubb at the MIB for reading the draft text and commenting on it, and for his contribution to chapter one. We may often be against each other but he is really a jolly impressive fellow in my view.
If any reader wishes to contact me they are welcome to do so at the address below.
Andrew Ritchie QC
9 Gough Square, London, EC4A 3DG
FOREWORD TO THE FIRST EDITION
Every practitioner who deals with claims arising from road traffic accidents knows that the simplest of claims can become fraught with difficulties where the defendant is uninsured and the MIB become involved.
The 1988 Agreement was a minefield for the unwary solicitor, and the new 1999 Agreement is likely to cause even more problems. Claimant solicitors have struggled with the Agreement, with the MIB not hesitating to take technical points to avoid payments to claimants. Such claimants are then left with no alternative but to claim against their solicitors.
1 October 2002 heralded the three year anniversary of the 1999 Uninsured Driver Agreement. The limitation period in the earliest of the claims under the 1999 Agreement has just expired or is about to. For claims nearing the end of their limitation period it is essential that the terms of the agreement are adhered to. If a mistake is made it will not be possible to re-issue and start again.
Solicitors have few resources other than the agreement itself. The MIB is covered in only the most cursory way in Law Schools and often receives only a passing mention in standard texts. This book, with its clearly set out chapters, provides a most helpful and thorough guide to this difficult area.
The succinct comparison between the two agreements is particularly useful and the detailed description of the 1999 Agreement carefully points out the traps to avoid. In addition the new edition sets out the recent amendments to the Guidance Notes following extensive consultation between victims groups and the MIB. These notes are dated 15 April 2002 and apply to all claims unissued at that date.
The parts which will probably be of most value to the practitioner, however, are those which set out checklists, for example, to deal with the issues to be covered in the first interview and matters to check before issue. There is also a new section dealing with conditional fee agreements and success fees.
The authors with their considerable experience in this field are ideally placed to offer an authoritative analysis as well as really practical guidance and with this book to hand, MIB cases can be tackled with greater confidence by claimant solicitors.
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