NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015
A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.
The new agreement is available here
After consultation with the MIB, the Department of Transport concluded that the procedural requirements imposed under Clauses 8 to 12 of the 1999 Uninsured Drivers’ Agreement are “cumbersome” and place “an undue burden on claimants as being conditions precedent to the liability on the part of the MIB”.
The new Agreement replaces these provisions with new, simplified provisions at Clauses 12 and 13.
The new Agreement includes requirements that:
- Claimants provide such information about their claims as the MIB may reasonably require
- Claimants name the MIB as an additional defendant in the claim form from the outset
As a party to the action from the outset, the MIB should therefore receive all the relevant court notices and procedural documentation in the same way as the defendant motorist would. This removes the need for the claimant to take separate steps to notify the MIB.
The new Agreement removes altogether the requirement of Clause 13 of the 1999 Agreement which required claimants, as a condition precedent to the MIB’s liability, to pursue the insurance details of the relevant driver, whether in person via the registered keeper, or by lodging a complaint with the police as set out under Section 154 of the Road Traffic Act 1988.
Claimants who voluntarily allowed themselves to be passengers in a vehicle where they knew or had reason to believe that the vehicle had been stolen or unlawfully taken or was being used without insurance are still not covered by the Agreement. However, in the new Agreement, the clause which reversed the burden of proof when a claimant knew that the driver was not the registered keeper or an employee of the registered keeper, is removed. The burden of proving that the claimant knew or had reason to believe that the vehicle had been stolen or unlawfully taken or was being used without insurance is on the MIB, but in the absence of evidence to the contrary, proof by the MIB of the following will be taken as proof of the claimant’s knowledge of these matters:
- the claimant was the owner or registered keeper of the vehicle or had caused or permitted its use;
- the claimant knew the vehicle was being used by a person who was below the minimum age at which he could be granted a licence; or
- the claimant knew that the person driving the vehicle was disqualified from holding or obtaining a licence.
Other highlights include:
- the appointment of independent arbitrators to arbitrate upon disputes in relation to certain parts of the Agreement (previously dealt with by the Secretary of State)
- The removal of the “crime” exclusion following the decision in Delaney -v- Secretary of State for Transport  EWCA Civ 172