Jurisdiction(s):
United Kingdom

Court of Appeal (England and Wales): MIB liable to compensate despite insurer’s avoidance; EU Directive requires cover unless claimant knew vehicle uninsured or it was stolen (Colley v MIB)

Published on: 31 March 2022

Published by a LexisNexis PI & Clinical Negligence expert

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Article summary

Colley v Motor Insurers’ Bureau [2022] EWCA Civ 360 What are the practical implications of this case?

In practice, the ruling’s immediate impact is somewhat constrained because section 152(2) of the Road Traffic Act 1988 (RTA 1988) has been amended, removing an insurer’s ability to sidestep liability under RTA 1988, s 151 on the footing of a later declaration entitling it to avoid the policy. The amendment applies prospectively only, from 1 November 2019, so any claims in respect of accidents occurring before that date will remain subject to the old wording (to which the decision in Colley will directly apply). Even so, the Court of Appeal’s approach to the insurance obligation under Articles 3 and 10 of EU Directive 2009/103 (the ‘Codified Directive’) has consequences for personal injury road traffic claims going forward. The effect is that there are only very limited circumstances in which a personal injury claimant, whose otherwise valid claim is not covered by an insurer or the MIB under domestic law, will not recover compensation against the MIB in a direct claim. Those circumstances are limited to the exceptions at Article 10(2) and 13(1) of...

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