The search for clarity in complex claims

• Uncertainty re claims involving uninsured and untraced drivers.
• Update on the law relating to vicarious liability.

As the Brexit deadline nears, one area of personal injury litigation where we could see considerable uncertainty, subject to any ‘Repeal’ Bill being implemented, is in claims involving uninsured and untraced drivers.

Article 3 of EU Directive 2009/103/EC (the Directive) requires member states to ensure vehicles used within its territory are insured. Article 10 further requires a body be set up to compensate the victims of uninsured or unidentified drivers. The Motor Insurers Bureau (MIB) is the UK body set up for this purpose. The Road Traffic Act 1988 (RTA 1988) made it compulsory for motor insurers to be members of the MIB and to contribute to its funding which they do by way of an annual increase (about £30) in driver premiums.

However,