Article 8: Promotion of the exclusion of crime: the exclusion of Article 6, paragraph 1, paragraph e), from the 1999 agreement, which refuses to compensate the applicant if he is knowingly transported in a vehicle to promote a criminal offence or to avoid any legitimate concern, has been annulled. NOTE: In the event of an accident on or after March 1, 2017, clauses 7 (vehicle damage) and 9 (terrorism) of the uninsured driver contract will be omitted in 2015. These changes mean that in the event of an accident from March 2017, the MIB will have to pay for damage to an uninsured driver`s car if another driver is not insured or "hit and run". The government has hinted that the change is necessary to comply with the EU`s Motor Liability Insurance Directive, but will reverse changes after Brexit. The MIB has announced the implementation of a new contract for uninsured drivers, applicable to all accidents that occurred on or after 1 August 2015. Michelle Reilly looks at the date of the agreement, the changes that have been made and the impact it will have on people with uninsured driving rights. Applicants will also benefit from the new agreement, which is expected to reduce the number of applications rejected due to technical offences. Clarification of procedures will also allow insurers to review claims and, if necessary, expedite settlement. NOTE: This practical note relates to the MIB Uninsured Agreement 2015 and applies to accidents that occurred on or after August 1, 2015. Information on the previous 1999 agreement (which applies to road accidents between 1 October 1999 and 31 July 2015) is provided in the practical reference: uninsured drivers and the role of the MIB - for accidents that occurred between 1 October 1999 and 31 July 2015 [Archived]. "The new agreement contains a number of exclusions and restrictions on the liability of compensation of the MIB that are not authorised by European law; Some of them were maintained or redeveloped by the UDA in 1999, so they have a broader effect, and others are quite new. The new agreement updates and clarifies the current position in the event of uninsured driver claims. For insurers, it offers a welcome regulation of the behaviour of applicants and clearer termination rules will help to understand and prepare for possible liability.
Article 15: Cession of judgments, comparisons and undertakings: the applicant must now detribute the applicant`s right to sue the uninsured motorist if the law is settled by mutual agreement before obtaining an unse satisfied judgment.