The MIB appealed from a judgment making it liable for an award of damages to the estate of the deceased who had been a passenger in a vehicle which he knew to be being driven without insurance. The estate had not sued the MIB directly, but first obtained a judgement against the driver and then … Continue reading Phillips v Rafiq and Motor Insurers Bureau (MIB): CA 13 Feb 2007
ECJ Reference for a preliminary ruling: High Court of Justice (England and Wales), Queen’s Bench Division – United Kingdom. Approximation of laws – Directive 84/5/EEC – Compulsory insurance against civil liability in respect of motor vehicles – Damage or injury caused by unidentified or insufficiently insured vehicles – Protection of victims – Defective transposition of … Continue reading Evans v The Secretary of State for the Environment, Transport and the Regions and The Motor Insurers’ Bureau: ECJ 4 Dec 2003
The requirements as to the extent of knowledge in the mind of a passenger sufficient to defeat a claim against the Motor Insurers Bureau, of the driver’s lack of insurance, was actual knowledge. The rules implemented a European Directive which required knowledge of the absence of insurance, and must be interpreted accordingly so as to … Continue reading White v White and The Motor Insurers Bureau: HL 1 Mar 2001
The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility. Held: ‘insurers do not have to prove that the injured passenger actually believed that the vehicle had been stolen or unlawfully taken. … Continue reading McMminn v McMinn and Another: QBD 11 Apr 2006
The deceased had been a passenger in a car. He had known the driver was not insured. The estate claimed first damages from the first defendant driver, and only then to enforce the judgment against the second defendant. Held: The MIB was accountable for the judgment. Seymour J considered how the Agreement under which the … Continue reading Phillips v Rafiq and Moror Insurer’s Bureau: QBD 11 May 2006
Compulsory Insurance v Civil Liability In Respect of The Use of Motor Vehicles – Judgment – Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Second Directive 84/5/EEC – Article 1(4) – Obligation to take out a contract … Continue reading Fundo de Garantia Automovel v Juliana: ECJ 4 Sep 2018
