header-logo header-logo

03 March 2017 / Nicholas Bevan
Issue: 7736 / Categories: Opinion , EU , Insurance / reinsurance
printer mail-detail

Conflicts of interest?

nlj_7736_bevan

The new Untraced Drivers Agreement fails to ensure full conformity with the protection required under European law, as Nicholas Bevan explains

On 13 January the Motor Insurers Bureau (MIB) published its new Untraced Drivers Agreement 2017 (UtDA 2017) as well as amendments to the Uninsured Drivers Agreement 2015 (UDA 2015). The changes came into effect this week (1 March 2017).

The MIB is a consortium that is owned and controlled by every motor insurer authorised to sell compulsory third party motor insurance in the UK. It was set up in 1945 at the insistence of the government and specifically charged with providing a safety net for victims of uninsured drivers and insolvent insurers. Over the years, the industry has enjoyed a licence to dictate the terms under which the MIB discharges this public service. This has led to the schemes becoming increasingly skewed in its interests. Properly understood, the MIB is a public body but, as an emanation both of the insurance industry and of the state, it is heavily conflicted in its compensatory

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson appoints Paula Myers to private capital team in Leeds

mfg Solicitors—five promotions

mfg Solicitors—five promotions

Law firm mfg Solicitors announces five promotions at Birmingham office

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
back-to-top-scroll