Court of Appeal confirms MIB liability on private land
Updated: September 23, 2019
In a recent ruling, the Court of Appeal has verified a High Court decision to extend legal compensation rights to people injured in a road accident or car accident on privately owned land.
Find out more about making a road accident compensation claim.
The claimant, whose injuries were so severe that he was left tetraplegic, was pursued on foot across the private land by the landowner who was driving a 4x4 vehicle. The driver and vehicle were not insured so the Motor Insurers Bureau acted as the defendant.
In 2018 the claimant was awarded a reported €1 million in damages. However, the MIB appeared appealed the ruling and took the case to the Court of Appeal.
The MIB maintained that it was not liable for the actions of the driver because the law only requires mandatory insurance to cover accidents occurring either on the road or in a public place.
Road accident solicitors successfully challenged the MIBs defence by citing an EU directive that requires mandatory insurance on public and private land.
The amount of compensation being paid by the MIB has not been disclosed.
The MIB was set up to ensure that people injured by uninsured or untraceable drivers were still able to claim compensation. However, the MIB is often able to ‘wriggle out of’ paying compensation.
Claimants who have been injured as a result of the actions of an uninsured or untraceable driver will still need to follow a specific process in order to make a claim via the MIB.
For example, if the claimant did not cooperate fully with the police then the MIB can refuse to pay compensation.
Nevertheless, a result of the ruling the MIBs wriggle room will be reduced and if will face an increase in the number of claims.
If you’ve been injured in the last three years in a road accident that was not your fault you may be able to claim financial compensation. To find out more about making a road accident claim click here.
If the accident involved in uninsured or untraceable driver claim made possible through the MIB to find out more click here.Read more
Updated: November 8, 2018
An ongoing study by a world-renowned pioneer of MRI scanning techniques, Professor Francis Smith of Aberdeen, has shown that whiplash injuries are often not picked up by traditional scanning practices.Read more
Updated: October 23, 2018
Land Registry data for 2018 shows an increase in house prices in the Midlands, while prices in London and the surrounding areas fall.Read more
Updated: October 23, 2018
New rules make it easier for solicitor firms to switch regulation from the SRA to the Council for Licenced Conveyancers (CLC).Read more
Updated: September 14, 2018
Londoners are selling up, leaving the capital and heading to Leicester in higher numbers than ever according to Hamptons International.Read more
Updated: September 13, 2018
A recent survey revealed that Leicester first time buyers are prepared to live in smaller spaces than people buying anywhere else in the country.Read more
Updated: September 10, 2018
Has your home been hit by subsidence after the Summer Heatwave? You are not alone...Read more
Updated: July 18, 2018
If you were mis-sold a payday loan, you may be able to claim a refund. If you took out multiple loans, years ago, how do you find out who you borrowed from?Read more
Updated: August 24, 2017
Following a spate of trampoline injuries, all parks will have to demonstrate compliance to the PAS to become members of the UK IATP.Read more
Updated: August 16, 2017
A company in Port Talbot has been fined £67k and ordered to pay costs of £3k after an apprentice was injured when a digger wheel fell on him in April 2016.Read more