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27 January 2017 / Nicholas Bevan
Issue: 7731 / Categories: Features , Insurance surgery , Insurance / reinsurance
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Nicholas Bevan takes a critical look at the government’s consultation on third party motor insurance
  • The Department for Transport responds to European ruling in Vnuk from 2014.
  • Different options considered for correcting longstanding infringements.
  • No review of the wider long-standing infringements of EU law.
  • Deadline for responses expires on 31 March 2017.

The Department for Transport (DfT) has published a 61-page technical consultation paper on bringing UK law closer into line with the European Motor Insurance Directive 2009/103/EC (the directive). This is the government’s belated first step in response to the Court of Justice of the European Union’s (CJEU) ruling in Damijan Vnuk v Zavarovalnica Triglav d.d. C-162/13, [2014] All ER (D) 121 (Sep) more than two years ago.

Vnuk refresher

Vnuk reaffirmed the strict and absolute nature of the third party motor insurance requirement prescribed by Art 3 of the directive. This contrasts sharply with the qualified and contingent nature of compulsory third party insurance under Pt VI of the Road Traffic Act 1988 (the 1988 Act)

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