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Claims Against Uninsured and Untraced Drivers: Law and Procedure


ISBN13: 9780421795006
ISBN: 042179500X
Published: November 2002
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £305.00



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The Motor Insurance Bureau typically handles almost 50,000 claims each year against uninsured and untraced motorists. This work is set to become the definitive text on these claims, covering the theory, practice and procedure in a practical and accessible style. It combines stage-by-stage discussion of claims procedure with detailed discussion of case law, the basis in law of MIB liability and the various MIB Agreements. * A comprehensive work guiding practitioners through both the theory and practice of claims involving the MIB * Deals with all issues related to uninsured and untraced drivers' claims * Includes the Agreements themselves and related case law.

Subjects:
Insurance Law, Personal Injury Law
Contents:
Part one. History of the MIB. Insurers liability pursuant to the Road Traffic Act 1988 and the article 75 regulations. MIB's obligations to meet unsatisfied judgment. Limitation of MIB's obligations pursuant to the Uninsured Drivers Agreements. Statutory and common law provisions limiting MIB's liability. Pre-litigation considerations of the claimant and MIB. Notice provisions in Uninsured Drivers Agreement: condition precedent. Service of proceedings on uninsured driver. MIB in proceedings. Foreign motorists in the U.K. Part two Scope and purpose of the MIB. Terms of application to relevant Untraced Drivers Agreement. Conditions precedent to establishing the MIB's liability under the Untraced Drivers. Agreements. Assessment and payment of award by the MIB. Appeal provisions in Untraced Drivers Agreements. Power of the court to determine preliminary points of law to hear appeals on matters dealt with under the Arbitration Act 1996. Appendices.