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APIL Guide to MIB Claims: Uninsured and Untraced Drivers 4th edition

Provides practical advice on claims involving untraced and uninsured drivers.
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£53.00
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Free delivery for UK
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Published:
ISBN/ISSN: 9781784732059

Product description

Why should you buy APIL Guide to MIB Claims

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.

Foreword

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. Read the full foreword...

Preface

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. Read the full preface...

Featured authors

Table of contents

About the Authors
Foreword to the First Edition
Preface
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
Appendices
  • 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
Index

Read the full contents