Chapter 8 Flashcards

1
Q

Common Law Agreement

A

an agreement dealing with claims under motor and employers’ liability policies held by the same insured with different insurers

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2
Q

RTA/DRI Agreement

A

an agreement to avoid expensive litigation when an insurers status changes under the Road Traffic Act 1988

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3
Q

Dual Indemnity Undertaking

A

Ensures that if a driver is covered by more than one insurance policy for a vehicle, no contribution is sought from the insurer of the driver’s vehicle

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4
Q

Reduction in Paper Exchange (RIPE)

A

A method for insurers to recover accidental damage costs without needing supporting documents unless necessary

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5
Q

RTA Insurer vs Article 75 Insurer

A

RTA - a vehicle is involved in an accident and the driver is identified

Article 75 - if the vehicle is stolen or the driver is unidentified, the insurer may be an Article 75 Insurer

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6
Q

2016 European Court of Justice

A

The court ruled that a motor policy must meet the insureds civil liability to third parties

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7
Q

How does an insurer’s status change if it obtains a policy avoidance declaration?

A

If a declaration is made under section 152 of the RTA 1988 to avoid a policy, the insurer can avoid RTA liability and may reduce status to Article 75

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8
Q

2015 Uninsured Drivers Agreement Change

A

The MIB is now required to meet claims arising from the use of uncoupled trailers (runaway trailers)

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9
Q

Vnuk Decision (2014)

A

Compulsory insurance must cover accidents caused by a vehicles use, consistent with its normal function

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10
Q

MIB Subrogation

A

MIB may avoid reimbursing payments made to a claimant in a subrogated manner including payments the claimant is entitled to receive

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11
Q

Clause 8 - Crime Exclusion

A

The exclusion for claims when a vehicle is used in furtherance of a crime or to avoid lawful apprehension

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12
Q

Terrorism Coverage

A

Coverage now includes death, injury, or property damage caused by terrorism aligning with EU law

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13
Q

Property Damage Time Limits

A

Claimants must report accidents to the police within 14 days unless the MIB reasonably requests it

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14
Q

Accidents - Police Reporting

A

Section 170 of the RTA 1988 requires drivers to report accidents to the police if theres:
- personal injury
- damage with no stop
- damage with no exchange details

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15
Q

Police Accident Report Contents

A
  • officer details, time and date of attendance
  • vehicles involved, injuries and hospital details
  • witness statements and accident reconstructions
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16
Q

RIDDOR and Road Accidents

A

RIDDOR requires employers to report work-related road incidents leading to major injuries, and incidents on private roads or during vehicle loading/unloading

17
Q

Police Report Availability

A

Police reports are available 21 days after conviction hearings

18
Q

Police Guides

A
  • Police Road Death Investigation Manual
  • Authorised Professional Practice
19
Q

Thefts - Police Notification

A

Police must be notified of a vehicle theft to establish credibility

20
Q

Role of the Engineer

A
  • control repair costs and manage the repair trade
  • balance cost control and customer focus
  • decide repair methods and costs
21
Q

Advanced Driver Assistance Systems

A
  • cruise control
  • adaptive light control
  • automatic braking
  • collision avoidance
  • automatic braking
  • blind spot detection
22
Q

Intelligent Speed Assistance

A

ISA helps drivers stay within speed limits by offering feedback options but allows the driver to override the system to maintain control

23
Q

Automated and Electric Vehicles Act 2018

A

Extends TP compulsory insurance for autonomous vehicles, holding insurers liable if an automated vehicle causes damage

24
Q

Practice Direction 16

A

Requires claimants to state key details in their statement of claim, including the need for the replacement vehicle

25
Second Hand Parts
Insurers are seeking to reduce repair costs, and using second-hand or non-proprietary parts
26
Recycled Parts and Insurance Policies
Some motor vehicle insurers now allow the use of recycled parts in their policies, contributing to costs savings
27
Arbitration Disputes
quantum of the claim, such as: - own damage - personal accident - personal effects
28
Financial Ombudsman Service (FOS) Eligible Claimants
- consumer - micro enterprise with fewer than 10 employees and a turnover of no more than €2m - charity with an annual income of less than £6.5m - trustee of a trust with a net asset value of less than £5m - small business with an annual turnover of less than £6.5m and fewer than 50 employees - guarantor
29
FOS Complaint Time Limits
- six months of receiving the final decision from the insurer - six years from the event that led to the complaint - three years from when the complainant was aware of the issue
30
Mediator in ADR
The mediator facilitates discussions to help parties reach a compromise acceptable to both sides
31
Adjudication
A process where an independent third party makes a decision to resolve a dispute
32
Arbitration
A formal ADR method where a neutral resolves disputes, often preferred for privacy in commercial contexts
33
Advantages and Disadvantages of ADR
Advantages - flexible and faster process - preserves business relationships - decisions are private Disadvantages - may not be enforceable unless agreed - not suitable for all cases
34
Arbitration Act 1996
Fair and impartial resolution of disputes without unnecessary delay or expense