Law of Compulsory Motor Vehicle, The
Page 277
Index
Index
- absence of insurance or security
- admission of liability
- age or physical or mental condition
- alcohol see driving under the influence of drink or drugs
- Andorra
- apparatus carried on vehicle
- arbitration
- area of vehicle’s use
- associated equipment and machinery ,
- assured user
- authorised insurer
- Automated and Electric Vehicles Act 2018
- application
- “arising out of” and “use” terms
- contributory negligence ,
- crown and public sector
- damage to the vehicle ,
- defences available to insurer
- defined vehicles –
- direct right of action ,
- “driving itself” interpretation
- excluded liability
- insured person meaning
- introduction of
- liability –
- limitation period
- list of all motor vehicles capable of driving themselves on roads /public places ,
- passengers’ liability
- single insurer model ,
- software installations ,
- subrogation ,
- unauthorised modifications to vehicles
- automated vehicle insurance
- classification of vehicles
- “conditional automation”
- consultation and feedback
- development of legislation
- “driving assistance”
- “high automation”
- legislation see Automated and Electric Vehicles Act 2018
- Motor Insurers’ Bureau Articles of Association and Agreements ,
- “partial automation”
- responsibility for error
- avoidance of insurance contract , , , , ,
- bankruptcy
- beach car parks
- breach of claims ,
- breach of conditions , , ,
- breach of statutory duty –
- breach of warranty –
- bringing proceedings see legal proceedings
- broken down vehicles
- Brussels Regulation Recast, European Parliament and Council Regulation 1215/2012 –
- burden of proof
- Burns test ,
- caravan parks
- careless driving
- car hire see credit hire agreements
- car parks
-
car-sharing arrangements –Page 278
- carried in or upon a vehicle
- carrying goods
- causation
- certificate of insurance or security
- accident victim’s request for information
- burden of proof
- confirmation of cover
- defaced
- delivery and effectiveness of cover –, ,
- Deregulation Act 2015 –
- electronic transmission
- European Communities (Rights against Insurers) Regulations 2002
- false statements/withholding information
- form of
- Green Card ,
- issue of
- keeping a record of
- lost or destroyed
- not a “policy of insurance”
- offences –
- production by driver on police request
- requirement
- seizure of vehicle on failure to produce –
- transfer of policy or security
- champerty –
- civil liability
- avoidance of the insurance contract ,
- breach of statutory duty –
- causation ,
- economic loss –
- exclusions from cover –
- impecuniosity –,
- interpretation of “permit” and “cause” –
- limitation period –
- Monk v Warbey liability –, , , –, –
- motor insurance –
- Motor Insurers’ Bureau and Monk v Warbey liability –
- nature of liability –
- overview –
- owner is passenger in his own vehicle
- owner is also user together with the driver –
- right of direct action –
- right of recourse –
- claim co-operation clauses –
- claims history statement –
- claims provisions –
- claims representatives
- clamping vehicles
- compensation amounts
- condition of the vehicle
- conditional permission to use vehicle –
- Consolidated Motor Insurance Directive 2009/103/EC
- Article 4 Checks on insurance
- claims history statement –
- definition of vehicle
- evaluation
- exceptions to compulsory insurance or security –
- exclusion clauses –
- interpretation
- liability for failure to implement –
- loss or injury during direct journey between two territories
- minimum amount of indemnity –
- Motor Insurers’ Bureau ,
- obligations to insure under –
- overview
- proposal for amending directive ,
- scope of cover provided
- where vehicle is normally based
- contract of insurance
- control of policy terms
- arbitration clauses ,
- avoidance or cancellation of exceptions ,
- breach of claims ,
- breach of conditions , , ,
- breach of warranty –
- car-sharing arrangements –
- claim co-operation clauses –
- claims provisions –
- condition precedent , , , ,
- definition of assured ,
- deliberate acts by insured –
- domestic law ,
- driving licence conditions
- essential character of journey –
- EU law –
- exclusions to conditions that may not be argued against third party victims –, –
- hire and reward –
- Insurance Act 2015 section 10 and 11 –,
- “insured vehicle” term
- insurer v third party victim
- insurers’ liability to the assured where limitations in policy –
- limitation of liability
- minimum coverage ,
- notification provisions
- not relevant to actual loss –
- passengers –
- passenger’s contribution towards accident
- permitted exclusions –
- schedule particulars
- single premium ,
- suspensory conditions –
- territorial scope of cover ,
- unfair terms
- use for social/domestic or pleasure purposes –
- void or voidable contracts –
- warranties –, , , ,
- what and who is insured –
- councils
- courts see also legal proceedings
- discretion to set aside default judgment
- Member State’s liability for failure to implement
directives –Page 279
- obligation to construe domestic legislation consistently with EU law ,
- principle of consistent interpretation –
- covering note
- credit hire agreements
- ancillary expenses included in repair cost
- assessing basic hire rate –
- basic hire rate and actual credit hire rate –
- calculating damages –
- capital account loss
- car hire –
- champerty –
- claimant not paying for cost of hire himself ,
- claimant’s no claim discount
- contingent liability
- cost of car hire ,
- delay in arranging repair
- different forms of arrangement –
- diminution in value
- double recovery impediment –
- ex turpi causa ,
- failure to examine policy documents
- failure to mitigate loss –
- free of charge replacement –
- impecuniosity –
- insuring the credit hire charge –
- legal statutes of –
- mitigation , –
- non-pecuniary losses
- offer of replacement vehicle by defendant’s insurer –
- pre-accident value
- proof of need for replacement vehicle ,
- public policy considerations –
- repair costs –
- subrogation of insurer ,
- Uninsured Drivers Agreement ,
- Criminal Injuries Compensation Authority , ,
- criminal use of vehicle , ,
- cross-border movement
- cul-de-sac ,
- dangerous driving , ; –
- declaration to avoid insurance contract –
- default judgment
- deliberate damage caused by assured –, –
- deposited sums
- Deregulation Act 2015 –
- dispute resolution
- double insurance –;
- driverless cars see automated vehicle insurance
- driving licences
- driving under the influence of alcohol or drugs
- drugs see driving under the influence of alcohol or drugs
- drunk drivers see driving under the influence of alcohol or drugs
- dumper trucks ,
- economic loss
- effectiveness of cover –
- electric vehicles see Automated and Electric Vehicles Act 2018
- emergency treatment of traffic casualties
- employees’ position
- carried in or upon a vehicle #_x2013;
- compulsory employers’ liability insurance
- employee driver
- Employers’ Liability (Compulsory Insurance) Act 1969 , ,
- exempted institutions –
- history of insurance cover –
- passengers –
- subrogation in employment cases ,
- Third Council Directive
- use of vehicle in course of employment
- vicarious liability of employer –
- worker’s compensation scheme
- Employers’ Liability (Compulsory Insurance) Act 1969 , , ,
- employment
- essential character of journey
- EU law
- application of directives in Member States
- consistent interpretation principle –
- Consolidated Motor Insurance Directive see Consolidated Motor Insurance Directive 2009/103/EC
- control of policy terms –
- definition of vehicle –
- exceptions to compulsory insurance or security –
- exclusion clauses –
- First Directive see First Council Directive 72/166/EEC
- Fifth Directive see Fifth Council Directive 2005/14/EC
- Fourth Directive see Fourth Council Directive 2000/26/EC
- historical progression of relevant directives –
- implementation of directives into national legislation –
- injuries suffered in other Member States see Fourth Council Directive 2000/26/EC
-
insolvency of insurer –Page 280
- interpretation
- “knew or ought to have known” in context of the Directives –
- limitation period
- Member State’s liability for failure to implement directives –
- minimum amount of indemnity –, ,
- normal function of vehicle confined to use as means of transport –
- notification of third party claimant –
- “other public place” –
- owner of the vehicle –
- passenger as user –
- primary direct action against insurers under –
- reliance on a Directive in claims against MIB –
- Second Directive see Second Council Directive 84/5/EEC
- single premium ,
- Third Directive see Third Council Directive 90/232/EEC
- use of a vehicle –
- European Communities (Rights against Insurers) Regulations 2002
- European Economic Area (EEA)
- European Free Trade Association (EFTA)
- evidence of insurance see certificate of insurance or security
- excepted institutions or authorities , ; –
- exceptions to compulsory insurance or security –, –
- exclusion clauses
- extension clauses
- ex turpi causa see public policy doctrine
- Financial Services Compensation Scheme ,
- Fifth Council Directive 2005/14/EC
- First Council Directive 72/166/EEC
- foreign motor accidents
- Fourth Council Directive see Fourth Council Directive 2000/26/EC
- Green Card System see Green Card System
- forklift trucks
- Fourth Council Directive 2000/26/EC
- accidents occurring in other Member States –
- appointment of claims representative , , , , ,
- entitlement to compensation where insurer identified
- establishment of information centres
- identification of insurer and vehicle
- implementation procedure –
- introduction and purpose of
- Member State’s liability for failure to implement –
- Motor Insurers’ Bureau as compensatory body under see Motor Insurers’ Bureau as compensatory body under the Fourth Directive
- prompt settlement of claims
- time scale for legal action
- Francovich damages
- “gentleman’s agreement” ,
- go-karts
- goods carried in vehicle
- Go-peds
- Green Card System
- additional premium for obtaining
- claims representative
- claims settlements ,
- co-operation between bodies ,
- Council of Bureaux (CoB) ,
- countries using the system ,
- crossing borders , ,
- form of
- guarantee funds
- guarantee for the visited country
- guarantee mechanism in EEA and EU Member States ,
- history of
- information centres
- international certificate of insurance ,
- local guarantee fund
- managing organisation
- Member State residents
- Motor Insurers’ Bureau
- origin of the vehicle
Page 281
- secretarial services
- subscribing State ,
- validity of green card
- visiting non-participating countries
- hamburger van , ,
- haulage contractors
- highways see road or other public place
- Highways Act 1896
- hire and reward
- hiring vehicles see credit hire agreements
- history of insurance obligation
- horsepower/cylinder capacity of vehicle
- horses
- hospital car parks
- hospital treatment of traffic casualties
- hotel car parks
- Iceland
- identification means
- immobilisation of vehicles –
- impecuniosity
- insolvency
- institutions
- Insurance Act 2015
- insurance policy see policy of insurance
- “insured vehicle” rather than driver ,
- joint criminal activity
- joint liability of identified/unidentified persons
- joint venture
- jurisdictional rules –
- legal proceedings
- liability
- Liechtenstein
- lifts
- limitation period
- Lister principle ,
- local authorities
- manslaughter ,
- material damage
- maximum amount of cover required
- means of transport
- military vehicles
- miniature motor cycles
- minimum amount of indemnity –, ,
- Ministry of Defence
- misrepresentation
- Monk v Warbey liability see civil liability
- Motor Car Act 1903
- motorcycles
- Motor Insurers’ Bureau
- authorised insurer
- automated vehicles ,
- claims against
- company limited by guarantee ,
- emanation of the state #_x2013;
- formation
- history of ,
Page 282
- Green Card System representative
- independence from members insurers ,
- insurer’s obligation to be a member of
- legal nature of –
- obligation of
- recovery from Financial Services Compensation Scheme
- unnecessary involvement
- Motor Insurers’ Bureau agreements
- #_x201C;any liability” arising out of use of the vehicle , , ,
- automated vehicles ,
- avoided insurance cover
- between Secretary of State for the Environment and
- claims against ,
- complaints
- criminal acts ,
- defences available to –
- EU Consolidated Directive ,
- EU Fifth Directive ,
- EU Fourth Directive ,
- EU law’s influence on –
- EU Second Directive , 101.10, ,
- EU Third Directive
- excluded liability –
- ex gratia payments ,
- insolvent insurers –
- “knew or ought to have known” in context of the Directives –
- legal anomalies
- legal status –
- Monk v Warbey liability and , –
- nature of claims against –, –
- protection provided by ,
- public policy doctrine –
- reliance on a Directive in claims against –
- stolen vehicles –
- uninsured drivers agreement see Motor Insurers’ Bureau Uninsured Drivers Agreement
- untraced drivers agreement see Motor Insurers’ Bureau Untraced Drivers’ Agreement
- Motor Insurers’ Bureau Article 75 insurer
- Motor Insurers#_x2019# Bureau as compensatory body under the Fourth Directive
- Motor Insurers’ Bureau Uninsured Drivers Agreement
- application ,
- authorities excluded
- bringing of proceedings #_x2013;
- claim form ,
- claims made by dependants ,
- duties of claimant –
- excluded liability
- exclusions removed by 2017 Supplementary Agreement ,
- hire agreement/hire-purchase agreements
- history
- influence of drink or drugs
- insurer’s right of recourse where passenger as owner permitted uninsured driver
- joined as additional defendant to relevant proceedings –
- “knew or ought to have known” in context of the Directives –
- legal status –
- other sources of recovery –
- passengers –
- relevant liability –
- response to claim ,
- right of recourse against Article 75 insurer
- scope of
- terrorism
- unsatisfied judgment ,
- waiver of condition precedent ,
- withdrawn consent
- voluntary acceptance of risk
- Motor Insurers’ Bureau Untraced Drivers Agreement
- application ,
- arbitration #_x2013;
- compensation payments –
- costs
- damage to property
- dispute resolution –
- duties of the claimant ,
- enforcement of payment
- ex gratia payments ,
- history
- joint liability of identified and unidentified persons
- legal advice
- legal status , –
- other sources of recovery
- passengers
- right of recourse against Article 75 insurer
- right to setoff
- scope of –
- Motor vehicles
- adapted for use on roads ,
- associated equipment and machinery ,
- Consolidated Motor Insurance Directive definition of vehicle
- definition ,
- dumper trucks
- employees see employees’ position
- EU law –
- forklift trucks
- go-karts
- Go-peds
- intended for use on roads
- meaning of use of a vehicle –
- miniature motor cycles
- RTA 1988 definition
- scramble motorcycle
- tractors
- Motor Vehicles (Third Party Risks) Regulations 1972
- “moving” a motor vehicle –
-
national courts see courtsPage 283
- National Health Service
- no claim discount
- non-material damages
- normal base of vehicle ,
- normal function of the vehicle
- any use of vehicle consistent with ,
- domestic law –
- EU law –
- hamburger van ,
- machine for carrying out work distinct from means of transport
- period of time for assessing purpose of use
- policy wording
- relevant use of vehicle on the road ,
- repairs on private property
- taxi ,
- tractors –,
- vehicle parked on private land taken and driven without owner’s permission
- whether confined to use as means of transport –
- Norway
- notice of the bringing of proceedings
- notification provisions
- number of persons carried in vehicle
- objectives of motor third party liability insurance –
- obligation to insure
- burden of proof
- certificate of insurance see certificate of insurance or security
- continuing ownership –
- double insurance –
- exceptions to compulsory insurance or security –
- exclusion clauses in contracts –
- extension clauses –
- no obligation on insurer to accept insurance proposals ,
- permission or cause use see permission or cause use
- rateable proportion clauses –
- road or other public place see road or other public place
- strict liability –
- under Consolidated Motor Insurance Directive Article 3 –
- under Road Traffic Act 1988 provisions –
- vehicle not meeting insurance requirements –
- void and voidable insurance contracts ,
- offences
- absence of compulsory insurance
- certificate of insurance , , ,
- employees’ position
- knowledge of
- not having valid insurance
- “other public place”
- stolen or unlawfully taken vehicles see stolen or unlawfully taken vehicles
- strict liability –
- use of vehicle ,
- vehicle not meeting insurance requirements –
- off road accidents –
- “other public place”
- “owner of the vehicle”
- passenger as user of the vehicle
- passengers
- carried for hire or reward , , ,
- car-sharing arrangements –
- chauffeur driven
- contribution towards an accident
- employees’ position –
- insurance policy requirements –
- owner of vehicle injured as passenger in own vehicle , , –
- restrictions in policy terms –,
- Uninsured Drivers Agreement –
- Untraced Drivers Agreement
- use of the vehicle see passenger as user of the vehicle
- pedestrians
- penalties
- permission or cause use
- civil liability –
- conditional permission –
- continuing ownership –
- death of person who granted permission
- employees using vehicle in course of employment
- expressed or inferred
- extension clauses –
- meaning of “permit” and “permitted” , 31.14
- the offender ,
- permitted users for the scheduled vehicle –
- proof of mens
rea ,Page 284
- restrictions
- scope of RTA 1988 provisions . , –
- personal injury
- “physical location” of accident
- physical or mental condition
- pillion passenger , , ,
- “ply for hire” operations
- police authorities
- policy of insurance or security
- “any liability” arising out of use of the vehicle –
- “any person” to be covered ,
- authorised insurer
- “bodily injury to any person”
- cancellation of policy
- certificate of insurance see certificate of insurance or security
- control of policy terms see control of policy terms
- covering note
- declaration to avoid –
- Deregulation Act 2015 –
- effectiveness of cover
- employees see employees’ position
- European Communities (Rights against Insurers) Regulations 2002
- meaning of “use”
- minimum amount of indemnity –
- non-material damages –
- normally based in Great Britain
- passengers –
- requirements in respect of –
- personal injury ,
- risks not required to be covered
- schedule to
- scope of cover provided
- subrogation in employment cases ,
- terms see control of policy terms
- transfer
- use of vehicle
- vicarious liability of employer –
- where vehicle is normally based ,
- private land
- private road with public access –
- privity doctrine ,
- public bodies
- public house car parks
- public liability insurance
- public place , see also road or other public place
- public policy doctrine
- applications –
- careless driving –
- causal link between crime and claim
- causation –
- claims against insurers under Third Parties (Rights Against Insurers) Act 2010 ,
- contributory negligence
- cost of hire vehicle ,
- gross negligence ,
- interpretation –
- joint illegal enterprise ,
- life insurance references –
- limitations –
- meaning of ex turpi causa
- mental element
- nature of claims against MIB –
- principles of ethics and common law
- turpitude –
- use of stole vehicle –
- vehicles used in the course of crime –
- purpose of journey see essential character of journey
- railway station car parks
- rateable proportion clauses –
- repair costs
- retail commercial enterprises
- right of direct action against insurer
- cancellation of policy
- “causing or permitting use” –
- claimant the assured ,
- claimant the third party victim ,
- declaration to avoid insurance contract –
- delivery of certificate ,
- excluded liability –
- discretion of court to set aside a default judgment
- EU law –
- liability covered –
- Monk v Warbey liability –
- Motor Insurers’ Bureau appointment of Article 75 insurer see Motor Insurers’ Bureau Article 75 insurer
- “notice of bringing of the proceedings” –
- notifying the insurer of action against the assured –
- notifying the third party claimant –
- permitted exclusions –
- policy restrictions –
- primary direct action against insurers under EU law –
- requirements to be satisfied
- right of recourse –
- RTA 1988 –
- state of mind –
- stay of execution
- stolen or unlawfully taken vehicles –
- timing for bringing proceedings –
- unlicensed driver exclusion
- untraced driver –
- waiver –
- right of recourse against assured
- amount that may be recouped
- civil liability –
- EU law
- MIB Article 75 insurer
Page 285
- national rules ,
- “the other side of the bargain”
- owner as passenger
- uninsured driver ,
- risks not required to be covered
- road or other public place
- Road Traffic Act 1930
- Road Traffic Act 1988
- burden of proof
- caravan park roadways
- certificate of insurance requirements see certificate of insurance or security
- history
- obligation to insure under –
- permit and cause use see permission or cause use
- proof of act or default
- regulation of third party liabilities
- strict liability –
- vehicles failing to meet insurance requirements –
- road worthiness of the vehicle
- Royal Commission on Transport 1928
- sale of vehicle
- “Scott v Avery” clause
- scramble motorcycle
- Second Council Directive 84/5/EEC
- Secretary of State for the Environment
- security against third-party risks
- seizure of vehicles
- shifting insurance from vehicle to vehicle ,
- sidecars
- single premium charge ,
- social/domestic or pleasure purposes
- “SORN” declaration
- state of mind
- statistical information
- stay of execution
- stolen or unlawfully taken vehicles
- subrogation right
- suicide attempts ,
- suspensory conditions –
- Switzerland
- taxicabs
- terms see control of policy terms
- territorial scope of cover
- terrorism
- test certificate
- theft see stolen or unlawfully taken vehicles
- Third Council Directive 90/232/EEC
- Third Parties (Rights Against Insurers) Act 1930
- Third Parties (Rights Against Insurers) Act 2010
- time of vehicle’s use
- towage
- tractors
-
trailers , ,Page 286
- tramcars
- trustee for a third party
- “turning a blind eye”
- turpitude
- tyres
- unfair terms
- uninsured drivers
- civil liability see civil liability
- deliberate behaviour
- “knew or ought to have known”
- loaning a vehicle to
- Monk v Warbey liability –
- Motor Insurers’ Bureau arrangements
- owner as victim , , ,
- permit and cause , ,
- pre-determined joint purpose , ,
- right of recourse against ,
- taxi driver
- vicarious liability
- Uninsured Drivers Agreement see Motor Insurers’ Bureau Uninsured Drivers Agreement
- unlawfully taken vehicles see stolen or unlawfully taken vehicles
- unlicensed driver ,
- untraced drivers
- Untraced Drivers Agreement see Motor Insurers’ Bureau Untraced Drivers Agreement
- use of a vehicle
- “arising out of the use” –
- causation –
- EU law –
- immobilised vehicles –
- identifying the user ,
- liability of user
- meaning , –
- “moving” a vehicle –
- normal function of the vehicle , –
- not confined to act of driving the vehicle
- parked on private land but no longer driven by owner
- passengers –
- policy must cover “any liability” arising out of use of the vehicle –
- principal use as means of transport –
- private land –
- relevant use of vehicle –
- social/domestic or pleasure purposes –
- towage –
- valid test certificate