MIB liable in ‘off road’ accident

In a recent case of Lewis v Tinsdale and the Motor Insurers Bureau [2018] EWHC 2376 (QB) the High Court ruled that the Motor Insurance Bureau is obliged to indemnify a plaintiff who was injured by an ‘off road’ vehicle on private land.

On 9 June 2013, Mr Lewis suffered serious injuries when an uninsured motor vehicle, driven by Mr Tindale, struck him while he was walking on private land.

Mr Justice Soole held that the Motor Insurers Bureau was liable to compensate Mr Lewis even though the incident clearly fell outside the scope of both the Road Traffic Act 1988 and the Uninsured Drivers Agreement. The Motor Insurers Bureau did not dispute Mr Tindale’s full liability for the accident; but argued that it had no liability to Mr Lewis according to the Uninsured Drivers Agreement 1999, because the accident and injuries were not ‘caused by or arising out of the use of the vehicle on a road or other public place’ (s.145 Road Traffic Act 1988). Following an analysis of the relevant legislation and European directives, the Judge concluded that the Motor Insurers Bureau was obliged to satisfy any judgment Mr Lewis may obtain against Mr Tindale.

This is another welcome move forwards in the law in this area because the court has widened the net of motor accident victims the Motor Insurers Bureau will be liable to compensate.

We at MTB have a team of expert litigators who are ready to assist anyone who feels like they have sustained a personal injury due to the negligence of another. Whether your injury was caused by a fall, a road traffic collision, an accident at work or as a result of a medical procedure going wrong we can provide you with the advice and assistance you need to pursue your claim. Call us now to arrange a free consultation on 02002890329801.