Chapter 8 Flashcards
Common Law Agreement
an agreement dealing with claims under motor and employers’ liability policies held by the same insured with different insurers
RTA/DRI Agreement
an agreement to avoid expensive litigation when an insurers status changes under the Road Traffic Act 1988
Dual Indemnity Undertaking
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
Reduction in Paper Exchange (RIPE)
A method for insurers to recover accidental damage costs without needing supporting documents unless necessary
RTA Insurer vs Article 75 Insurer
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
2016 European Court of Justice
The court ruled that a motor policy must meet the insureds civil liability to third parties
How does an insurer’s status change if it obtains a policy avoidance declaration?
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
2015 Uninsured Drivers Agreement Change
The MIB is now required to meet claims arising from the use of uncoupled trailers (runaway trailers)
Vnuk Decision (2014)
Compulsory insurance must cover accidents caused by a vehicles use, consistent with its normal function
MIB Subrogation
MIB may avoid reimbursing payments made to a claimant in a subrogated manner including payments the claimant is entitled to receive
Clause 8 - Crime Exclusion
The exclusion for claims when a vehicle is used in furtherance of a crime or to avoid lawful apprehension
Terrorism Coverage
Coverage now includes death, injury, or property damage caused by terrorism aligning with EU law
Property Damage Time Limits
Claimants must report accidents to the police within 14 days unless the MIB reasonably requests it
Accidents - Police Reporting
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
Police Accident Report Contents
- officer details, time and date of attendance
- vehicles involved, injuries and hospital details
- witness statements and accident reconstructions
RIDDOR and Road Accidents
RIDDOR requires employers to report work-related road incidents leading to major injuries, and incidents on private roads or during vehicle loading/unloading
Police Report Availability
Police reports are available 21 days after conviction hearings
Police Guides
- Police Road Death Investigation Manual
- Authorised Professional Practice
Thefts - Police Notification
Police must be notified of a vehicle theft to establish credibility
Role of the Engineer
- control repair costs and manage the repair trade
- balance cost control and customer focus
- decide repair methods and costs
Advanced Driver Assistance Systems
- cruise control
- adaptive light control
- automatic braking
- collision avoidance
- automatic braking
- blind spot detection
Intelligent Speed Assistance
ISA helps drivers stay within speed limits by offering feedback options but allows the driver to override the system to maintain control
Automated and Electric Vehicles Act 2018
Extends TP compulsory insurance for autonomous vehicles, holding insurers liable if an automated vehicle causes damage
Practice Direction 16
Requires claimants to state key details in their statement of claim, including the need for the replacement vehicle
Second Hand Parts
Insurers are seeking to reduce repair costs, and using second-hand or non-proprietary parts
Recycled Parts and Insurance Policies
Some motor vehicle insurers now allow the use of recycled parts in their policies, contributing to costs savings
Arbitration Disputes
quantum of the claim, such as:
- own damage
- personal accident
- personal effects
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
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
Mediator in ADR
The mediator facilitates discussions to help parties reach a compromise acceptable to both sides
Adjudication
A process where an independent third party makes a decision to resolve a dispute
Arbitration
A formal ADR method where a neutral resolves disputes, often preferred for privacy in commercial contexts
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
Arbitration Act 1996
Fair and impartial resolution of disputes without unnecessary delay or expense
