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17 August 2016 / Peter Allchorne
Categories: Features , Insurance surgery , Insurance / reinsurance
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Insurance surgery: English drama or Greek tragedy?

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Peter Allchorne translates the message from Moreno v Motor Insurers' Bureau for motor accident victims
  • A motor accident victim's entitlement to compensation will be measured on a consistent basis by reference to the law of the state in which the accident occurred.

Ms Moreno, a UK resident, suffered life-changing injuries whilst on holiday in Greece, when she was run over by an uninsured driver. Responsibility for the accident was not in dispute.

The appeal to the Supreme Court brought by the Motor Insurers’ Bureau (MIB) related to whether Ms Moreno's damages were to be determined in accordance with Greek or English law, the former being compatible with Rome II as “the law of the country in which the damage occurred”, but the latter being more generous in damages for the claimant (see Moreno v Motor Insurers' Bureau [2016] UKSC 52, [2016] All ER (D) 17 (Aug)).

The claimant argued that reg 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body Regulations) 2003 (SI 2003/37) (the 2003 regulations) required

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