Q&As
Can we recover outlay from an uninsured named driver? How?
If we are not indemnifying a named driver but we pay out for their passenger's injuries, can we recover our outlay from the named driver pursuant to section 151(8) of the Road Traffic Act 1988? If so, how would we enforce this?
In Personal injury claims it is crucial to establish at an early stage whether the potential defendant had in place at the time of the accident or occurrence, an indemnity against Damages and Costs which might be awarded against them. Such an indemnity (or security) will usually have been provided under a policy of insurance. In the majority of claims a motor insurer will provide a full indemnity to their insured under a valid policy of insurance. This means that the insurer will accept a contractual liability to pay all damages that fall on the defendant. See Practice Note: Indemnity in personal injury claims.
There are a variety of circumstances in which, though the existence of motor cover for a vehicle has been established, the insurers providing it can refuse to provide an indemnity
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