Nicholas Bevan is undoubtedly the expert on the subject, and he has to say about the new agreement: – The new agreement contains a number of exclusions and limitations on the MIB`s liability for compensation, which are not authorised by European law; Some of them were maintained or redeveloped by the UDA in 1999, so they have a broader effect, and others are quite new. The new agreement updates and clarifies the current position in the event of uninsured driver claims. For insurers, it offers a welcome regulation of the behaviour of applicants and clearer termination rules will help to understand and prepare for possible liability. Article 15: Cession of judgments, comparisons and undertakings: the applicant must now detribute the applicant`s right to sue the uninsured motorist if the law is settled by mutual agreement before obtaining an unse satisfied judgment. This reflects the common practice of pitting a form of assignment against an applicant`s claim before a final decision that is the subject of a final decision. Article 8: Promotion of the exclusion of crime: the exclusion of Article 6, paragraph 1, paragraph e), from the 1999 agreement, which refuses to compensate the applicant if he is knowingly transported in a vehicle to promote a criminal offence or to avoid any legitimate concern, has been annulled. Applicants will also benefit from the new agreement, which is expected to reduce the number of applications rejected due to technical offences. Clarification of procedures will also allow insurers to review claims and, if necessary, expedite settlement. The Motor Insurers Bureau (MIB) serves as a last resort for complainants seeking compensation against uninsured or untraceable drivers in the UK. The uninsured driver`s contract defines the framework for claims for which the accused drive without valid insurance. As agreed between the MIB and the insurers, there are circumstances in which an insurer assumes this responsibility of the MIB in accordance with Article 75 of the MIB Memorandum and the statutes, for example. B if the insurer issued an insurance policy that was then cancelled.
The new agreement is much simpler, and the most important requirements are to submit an application in good shape to the MIB and join the MIB at the beginning of the action. If an uninsured driver causes an accident, he or she often cannot afford to pay personal compensation. For this reason, the applicant expects compensation from the Motor Insurers` Bureau (MIB). Subject to certain conditions and exclusions, the MIB is the current uninsured driver contract, signed in 1999 and subject to review and consultation in 2013. The new agreement contains the results of the review and will be updated as practice, EU law and national law evolve. The old agreement still applies to accidents that occurred before August 1, 2015, with the new agreement applying to accidents that occurred on August 1, 2015 or after August 1, 2015. The MIB has announced the implementation of a new contract for uninsured drivers, applicable to all accidents that occurred on or after 1 August 2015.