For people injured through no fault of their own whilst on private land by an uninsured driver then this new decision is excellent news. Previously, a claim would have been brought against the driver of the vehicle or, in some circumstances, against their employer. The only way the injured person would be able to get compensation would be if the guilty party had enough money to pay. Now, thanks to this ruling, a claim could be brought against the Motor Insurers’ Bureau (the MIB) under the Uninsured Drivers Agreement.
If the claim was successful then the claim would be paid in full by the MIB.
So now, if you have suffered injury due to a vehicle on private land: be it a Segway, golf buggy or ride-on lawnmower, then your position to make a claim has never been stronger.
The reach of this case could be very large. A recent Government consultation has noted that this decision could affect people injured by e-bikes, all types of mobility scooter and fairground rides like dodgems. It may also affect the commercial vehicles used on building sites and warehouses like: fork-lift trucks, dumper trucks and quad bikes.
Whilst many of these vehicle should be insured already under existing public liability insurance, if the owner has failed to do so then under this ruling the MIB may be obliged pay out when people or companies can’t. This is excellent news for the injured person. They no longer have to worry about the person who caused the injury being able to afford to pay up for injuries that they have caused.
The Government’s Department for Transport who are responsible for the MIB and the Uninsured Drivers Agreement has not yet confirmed its position in relation to the Vnuk case and the impact that it will on claims for compensation against the MIB. As a result of this and Britain’s changing relationship with the European Union the position may change soon.