Coward V Motor Insurers Bureau: How the Court of Appeal Settled the Dispute

The Motor Insurers Bureau (MIB) is an organisation created to compensate victims of accidents caused by uninsured drivers. It’s funded by a levy on motor insurers, who are then able to claim back the costs of any compensation paid out from the bureau. The MIB’s powers are set out in the Road Traffic Act 1988.

In 2018, the Court of Appeal heard a case involving the MIB, Coward v Motor Insurers Bureau. This case concerned a dispute between the MIB and the claimant, a pedestrian who had been injured in a road traffic accident. The MIB argued that it was not liable to cover the claimant’s medical costs, as the driver of the car that had hit the claimant did not have valid insurance. The claimant, on the other hand, argued that the MIB was liable under the Road Traffic Act 1988.

The Legal Arguments

The MIB argued that the Road Traffic Act 1988 did not apply to the case, as the driver of the car that had hit the claimant had not taken out a valid insurance policy. The MIB also argued that the claimant had failed to provide sufficient evidence to prove that the driver was uninsured. The claimant, however, argued that the MIB was liable for the medical costs, as the driver had been identified and the MIB was obliged to provide compensation under the Road Traffic Act 1988.

The Court of Appeal’s Ruling

The Court of Appeal ruled in favour of the claimant, finding that the Road Traffic Act 1988 did indeed apply to the case. The court found that the MIB was liable for the medical costs, as the driver had been identified and the MIB was obliged to provide compensation. The court also found that the claimant had provided sufficient evidence to prove that the driver was uninsured.

The Implications of the Case

The case of Coward v Motor Insurers Bureau is significant, as it clarifies the MIB’s obligations under the Road Traffic Act 1988. It also sets a precedent for other cases involving the MIB, as the court has now established that the MIB is liable to provide compensation to victims of accidents caused by uninsured drivers. The case also highlights the importance of ensuring that drivers have valid insurance policies in place, as this can help to protect victims from financial hardship.

Conclusion

The case of Coward v Motor Insurers Bureau is an important one, as it clarifies the MIB’s obligations and sets a precedent for other cases involving the MIB. It’s a reminder that all drivers should ensure that they have valid insurance policies in place, as this can help to protect victims from financial hardship. The case also highlights the importance of providing sufficient evidence to prove that a driver is uninsured.