Field Fisher Waterhouse LLP (FFW) has today won a landmark Court
of Appeal case for widows which could potentially cost the Motor
Insurers’ Bureau (MIB) millions of pounds each year.
The MIB compensates victims of negligent and uninsured
motorists. Today’s judgment means that widows and dependent
children of passengers killed whilst being driven by uninsured
drivers may now be entitled to recover compensation from the
MIB.
FFW was instructed by the widow of a passenger killed in a car
accident. The widow’s husband died from catastrophic injuries in
August 2002, whilst travelling on the M25 as a passenger in his own
car. The driver, his friend, fell asleep. FFW brought claims for
damages arising and the MIB was joined as a defendant because the
driver was uninsured.
In its defence, the MIB argued that it should not be liable
because the claimant's husband, who was the owner of the car, knew
that the driver was not insured. The MIB asserted that he would
have been unable to recover damages from them had he survived
because of an exclusion clause in the Uninsured Drivers Agreement
1999.
The case turned on the wording of the Uninsured Drivers
Agreement and in particular on exactly what was meant by the word
‘claimant’. Andrew Ritchie, Counsel for the claimant argued that
the widow was not excluded.
Last year the High Court ruled that the MIB was liable to
satisfy judgment against the uninsured driver. Judge Seymour Q.C.
held that the exclusion clause applied to passengers with guilt
knowledge. The claimant, the widow in this case, was not a
passenger, and so the exclusion clause did not apply to her.
The MIB decided to appeal but today the Court of Appeal agreed
with the High Court. This landmark decision is likely to cost the
MIB millions of pounds in compensation, as there are a number of
these fatal road accident cases that come up each year and damages
range from one hundred thousand to two million pounds.
Paul McNeil, partner specialising in
personal injury claims at FFW, said: “This
is an extremely significant result for my client, who lost her
husband, and deserves to be compensated.”
Andrew Ritchie, Counsel for the widow also added: “The claim is
significant for a number of innocent widows and children up and
down the country who are now able to bring claims against the MIB
rather than eeking out a living on state benefits.”
For further information please contact:
Paul McNeil, Partner on +44 (0)20 7861
4000