In the recent decision of Motor Insurers’ Bureau v Lewis, the Court of Appeal has confirmed the rights of those people injured in car accidents on private land to bring a claim for compensation.
The court found the Motor Insurers Bureau was liable to pay damages to the Mr Lewis who was walking along a public footpath that crossed private land. The landowner drove his vehicle into collision with Mr Lewis who was left tetraplegic and in need of permanent ongoing care.
As the driver was uninsured, the Motor Insurer’s Bureau was required to pay compensation to Mr Lewis.
The Motor Insurer’s Bureau (MIB) is the body that has been set up to pay compensation to the victims of uninsured or untraced drivers.
The MIB scheme has a number of conditions that prevent victims from bringing claims arising from accident involving both uninsured and untraced drivers that would not apply if the claim was brought against an insured driver through their insurance policy.
In this case the MIB was not entitled to rely on the exemption they have in place preventing those injured on private land bringing a claim.
The effect of the decision is that those that are injured by uninsured or untraced drivers on private land such as car parks, householder’s drives or other private land can bring a claim through the MIB scheme.
If you require any more information, please call 0113 284 5000 or alternatively contact newbusinessenquiries@isonharrison.co.uk.
