A decision last month by the Court of Justice for the European Union in the case of Vnuk v. Zavarovalnica Triglav D.D. may well have far reaching implications for motorised vehicles within the UK that have not previously required insurance.
To date, vehicles used solely on private land did not have to be covered by insurance. Other motorised vehicles, such as motability scooters or powered wheelchairs also, by law, did not require insurance cover, although it has been recommended in the past.
The new ruling appears to extend the need for insurance to cover any motor vehicle and any use of that vehicle, provided it is a normal function of that vehicle – anywhere on land.
The European Court’s decision may be applied in any future claims for personal injuries caused by a motorised vehicle being used on any land in the UK. In instances where people suffer personal injuries caused by vehicles not currently covered by UK insurance (such as motorised bicycles), a claim may have to be made against the Motor Insurer’ Bureau (MIB), the body that currently deals with claims against uninsured or untraced drivers. If the claim against the Motor Insurers’ Bureau is successful, then this may result in the MIB seeking to recover their loss from the owner of the motorised vehicle.
If you or someone you know has been injured in an accident, or would like to know more about the case outlined above, please contact Alan George on 01962 844333 or call 01202 466669 or 023 8022 1344 and ask to speak to a member of our Personal Injury Department.
