New legal protection for victims of untraceable drivers fails to comply with European law, according to solicitor and motor insurance specialist Nicholas Bevan writing in NLJ this week.
The Untraced Drivers Agreement 2017, published by the Motor Insurers Bureau, came into effect this week on 1 March. However, Bevan says that while the new agreement has removed a clearly unlawful prohibition of independent legal representation, the new scheme still fails to comply with European law in other respects. Close study of the scheme he says, “reveals fiendishly clever and devious craftsmanship” where previously unlawful provisions are “carefully rephrased”.
