New Untraced and supplemental Uninsured Drivers Agreements

Robin Selley

A gentle reminder for all of you who practice in motor claims that the new Untraced Drivers Agreements and a supplemental Uninsured Drivers Agreements came into effect for all motor accidents occurring on or after 1 March 2017.

The earlier MIB agreements continue to apply to accidents which occurred prior to that date.

The most substantive changes to the Untraced Drivers Agreements appear to be:

  • The use of an MIB claim form is now compulsory whereas before the claim only needed to be made in writing;
  • The requirement to report to police now only applies if the MIB reasonably requests them to do so;
  • The position in cases of property damage remains largely the same. MIB will still only pay property damage claims arising out of the use of an unidentified vehicle above the excess where a claim for significant personal injury arising from the same event has been paid.
  • The definition of significant personal injury has been changed and now requires death, 2 nights of hospital in-patient treatment (previously 4 days) or 3 sessions of hospital out-patient treatment (not previously covered). This is a significant reduction in the ‘significant personal injury’ threshold in such cases;
  • Where a claim is brought by dependants or the estate of a deceased person the knowledge for determining whether a claim can be refused on the basis that the vehicle was known to have been stolen or was known to being used without insurance is now the knowledge of the deceased;
  • The terrorism exclusion is removed;
  • The exclusion of vehicle damage claims where the damaged vehicle was uninsured is removed.
  • A new costs structure is applied which appears to reduce costs payable for claims up to £48,000 but increases costs where more than £48,000 compensation is paid;
  • MIB can no longer ask for a lower award where there is an appeal against the original award;
  • Awards to children and protected parties will now be subject to approval by an arbitrator in all cases (clause 14).

The most substantive changes to the Uninsured Drivers Agreements appear to be:

  • deletion of clause 7 (which excluded liability for damage to a vehicle which was also uninsured) This means that insurers handling a claim on behalf of the MIB against an uninsured motorist will no longer be able to refuse to meet a claimant’s vehicle damage claim where that vehicle is also uninsured.
  • Deletion of clause 9 (which excluded terrorism from the scope of events covered) meaning that insurers handling claims on behalf of the MIB will be liable to meet claims against motorists who cause death, injury or property damage in the course of terrorist activity. Given recent terrorist events involving vehicles across Europe, this has the potential to be significant for motor insurers.

The Court of Appeal is expected to deliver judgment shortly in Cameron v Hussain & Ors in which the Claimant has pursued the unidentified driver of an ‘insured’ car in an attempt to obtain a judgment which the insurer will have to satisfy under s.151 of the RTA 1988.

If the Claimant is successful this could lead to other such Claimants looking to pursue “unidentified” drivers of “insured” vehicles in the courts rather than making a claim under the Untraced Drivers Agreement in order to obtain higher recoverable costs.

We will of course report once that Judgment is released.

In the meantime the new Untraced Drivers Agreement and the supplemental Uninsured Drivers Agreement are available at:

https://www.mib.org.uk/making-a-claim/claiming-against-an-untraced-driver/untraced-drivers-agreements/

https://www.mib.org.uk/making-a-claim/claiming-against-an-uninsured-driver/uninsured-drivers-agreements/

Posted in After The Event Insurance

Keep on Moving with MoveSafe

kirsten Roberts

In 2014, it took a friend of mine well over a year to buy a property in London. His problem wasn’t finding somewhere he wanted to buy, or making an offer and having this accepted –  it was that the market was just so competitive that there were always a  minimum of 100 other people competing to buy the same places and willing to increase their offer.

Being outbid is one thing, but when you’ve been gazumped more than once or the chain has broken down somewhere along the line, how do you move on to the next property – both financially and emotionally?

The conveyancing market is only becoming more fickle. As house prices continue to rise, so do commissions for Estate Agents and until a better system with some degree of integrity comes into being, do we just have to accept that when we move we are always likely to end up out of pocket…. not just for the house were buying, but for the other two that we were gazumped on along the way.

Also, If we take a minute to look at this situation from the law firms perspective, how much money is being lost to those firms offering a ‘no completion, no fee’ deal?

Move Smart, MoveSafe

With this in mind, here at Box Legal, we developed the MoveSafe policy. A policy that covers both potential  buyers and sellers as well as the conveyancer, should there be a break in the chain. The policy simply puts everyone back to where they were before the purchase collapsed. So if you had taken out a survey, you’re covered. As a Solicitor, if you have sent out your initial letters and started your searches, again you’re covered. You can claim whether exchange has taken place or not, but in general, the policy will make a payment if the failure to exchange is caused by events outside the client’s control.

So what about the London friend and his property situation? You’ll be relieved to hear he is finally happy in his new home. Sadly, our policy wasn’t available at the time of his move, but you can guarantee should he move again, it will be the first thing he looks into.

For more information about our MoveSafe policy go to http://www.boxlegal.co.uk/movesafe/ or contact us on 0870 766 9997.

Posted in MoveSafe: Abortive Transaction Insurance

After The Event Insurance Product Spotlight: Housing Disrepair claims

after the event insurance products

after the event insurance products

As well as a range of ‘off the peg’ solutions, we do also offer After The Event Insurance policies for Housing Disrepair claims.

We pride ourselves on our understanding of the needs of both the solicitor and the modern law firm and it was with this in mind that we decided to offer a bespoke solution for those occasions when a standard ATE policy just doesn’t fit the bill. We understand that from time to time the necessity for an ATE policy on a particular claim may not seem apparent at the outset or simply gets overlooked.

Has your client been living in a poorly maintained property and your landlord is refusing to rectify the problem?

Our new Housing Disrepair Policy has been designed with the customer in mind. We can help take the stress out of the process with our flexible and competitively priced policy.

Our Housing Disrepair policies can be used for small, fast or multi-track claims and covers claims for disrepair, dilapidation or neglect of any residential dwelling and any related claim for personal injury.

Typically, people who need legal advice with regards to repairs being carried out on their homes, often lack the finance to pursue a Housing Disrepair claim.

With legal aid being severely restricted in recent years our Housing Disrepair ClaimSafe After The Event Insurance legal expense insurance policies can help plug the funding gap and provide Claimants with protection against adverse costs and disbursements in unsuccessful cases, with a premium that is affordable and deferred and only payable where damages are recovered.

Benefits of a Housing Disrepair After The Event Insurance Policy

There are many benefits to our Housing Disrepair policies and these follow our tried and trusted procedures including;

  • We offer a Fixed Money Premium which remains unchanged throughout the claim, irrespective of how long it takes or the stage at which the case concludes.
  • Payment of the premium is deferred until the end of the case giving your client some extra peace of mind.
  • Reporting requirements have been deliberately kept to a minimum and we pay all valid claims in full within 7 days.
  • We look to provide our clients with After The Event Insurance products that both cost effective and require minimal administration.

For more information about our Housing Disrepair policies and premiums and the benefits, call us now on 0870 766 9997 or contact Kirsten Roberts by email kirsten@boxlegal.co.uk

Posted in After The Event Insurance, After The Event Insurance Products

Dangerous Work at Height

Robin Selley

In a rather unusual case, an “employee”, not an employer as we would often see, has been prosecuted by the Health & Safety Executive (HSE) for dangerously working at height.

Back in January 2015, the HSE were contacted by a member of the public to report that a man had been seen balancing on scaffold tubes in the rain whilst working on the roof of a multi-storey hotel development in central Manchester.

We will all have seen the famous black and white photograph (Lunch atop a Skyscraper (New York Construction Workers Lunching on a Crossbeam) showing construction workers taking a break during the construction of the 30 Rockefeller Plaza in Manhattan, New York City. Times have of course moved on and this sort of working practice has long gone.

Back to central Manchester where HSE Inspectors found David Mulholland working on the roof. He had apparently climbed up the scaffold to hammer the steel beams into place and had not used the tower scaffold that had been made available for him.

There was also a full time scaffolder on site available for any of the contractors to utilise to ensure safe working platforms were in place.

Mr Mullholland pleaded guilty to breaching Section 7 of the Health and Safety at Work etc Act 1974 and was sentenced to 6 months imprisonment, suspended for 18 months, fined £1,400.00 and was ordered to pay costs of £2,939.18.

HSE inspector Matt Greenly said after the case:

“This case dealt with a serious work at height risk which could have led to a fatal incident. David Mullholland failed in his duty to protect his own safety while at work and also placed others at risk had he dropped any tool from the position he was seen in some 27 metres above street level. During HSE’s investigation he said that he did not appreciate how high he was.

“Never before in my career as an HSE Inspector have I seen such a staggering disregard for personal safety. It is a matter of pure luck that no-one was injured or killed.

“My thanks go to the member of the public who reported their concern to us as they have been instrumental in saving the life of Mr Mulholland and arguably anyone below him at that time.”

It is not always employers who expose their workers to significant risks whilst at work, sometimes employees clearly do not require any help from their employers at all to expose themselves and others to a serious risk of harm.

Our After the Event Insurance can be used for Accidents at Work, Slips & Trips and Occupiers Liability Claims.

Our ATE Insurance is designed to be flexible, competitively priced yet comprehensive so as to deal with a wide range of accident circumstances.

Our legal team have many years of claims handling experience between them. In former lives, they were in private practice so, if you call up and want to talk about ATE Insurance or about a case, they will be able to speak your language, which helps don’t you think?

But why not take a look and find out more here; http://www.boxlegal.co.uk/ate-insurance-for-non-motor-claims/

Posted in Personal Injury Claims & ATE Insurance

Housing Association’s safety failings

Robin Selley

There are, sadly, regular news stories of people being affected by carbon monoxide poisoning in the UK, frequently caused by faulty works or appliances. The stark reality is that exposure to carbon monoxide can be extremely serious. There are approximately 400 admissions to hospital with Carbon Monoxide (CO) poisoning in England each year and a number of deaths.

Often such exposure comes following faulty works to appliances at home or in the workplace. But towards the end of 2016 it was reported by the HSE that a Housing Association had been prosecuted after allowing renovations to take place to properties that put residents at risk of Carbon Monoxide (CO) poisoning, after chimneys had been removed from properties on two separate occasions.

The chimneys acted as the necessary gas flue for adjacent properties but this was only discovered during annual gas checks. No risk assessments had been carried out prior to this work being commenced and there was no procedure in place for this type of work for workers to follow.

Having pleaded guilty to breaching Section 3(1) of the Health and Safety at Work etc Act (1974) the Housing Association were fined £8,000.00.

Around seven people die each year from carbon monoxide poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated.

Not all claims for Housing Disrepair would include an element for personal injury but this type of exposure would undoubtedly present a potential claim for damages for any injury and loss suffered.

We now provide an After the Event Insurance Policy for Housing Disrepair claims, which can be used for small, fast or multi-track claims. Our policy covers claims for disrepair, dilapidation or neglect of any residential dwelling in addition to any related claim for personal injury.

We offer a fixed premium for Housing Disrepair claims, which remains unchanged throughout the life of the claim.

There are many benefits to our Housing Disrepair policies which you can find here.

 

Posted in Personal Injury Claims & ATE Insurance
Welcome to the After The Event Insurance Blog
This blog is produced by Box Legal Limited, providers of After The Event Insurance to the legal profession. Our aim is to provide news, advice and guidance on all issues around ATE Insurance and making personal injury claims. We welcome your comments and questions both on the blog and by contacting us direct on 0870 766 9997 or by emailing daniel@boxlegal.co.uk
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