Fatal Accident Car Claims – MIB Case
MIB v Phillips (Deceased) Decided 14.02.07
Summary: Fatal accident claims Dependency claims; loss of financial dependency, Fatal Accident Act 1976, Personal Injury claims, Motor Insurers Bureau (MIB) knowingly travelling in an uninsured vehicle, Coroners Act, Inquest, Verdict, Fatal Accident Solicitors
The claimant solicitors in this tragic fatal accident case made a claim on behalf of a widow’s late husband who was killed in a fatal accident whilst allowing himself to be driven in a vehicle which he know or ought to have known that the vehicle was uninsured. An exception in clause 6.1(e) of the Uninsured Drivers’ Agreement 1999 applied since the deceased allowed himself to be carried in a vehicle when its use was uninsured. Clause 6.1(e) excluded the MIB from liability where “the claimant” voluntarily allowed himself to be carried in an uninsured vehicle. Under clause 6.1(e) of the Uninsured Drivers’ Agreement 1988,
In this appeal the Widow on behalf of her late husband was entitled to a claim as a dependant and be compensated (as under the Fatal Accident Act 1976) even thought deceased was found to have knowledge that the vehicle was uninsured. The background to any scheme for compensating victims of uninsured drivers must include the range of victims. Further the court found that victims included those who suffered damage to property, those who died, those who were injured, those who sustained injury but survived, and the dependants of victims who were killed. The MIB agreement contemplated that dependants under the Fatal Accident Act 1976 was separate and distinct from the claim that survived for the benefit of the estate.
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Posted: July 23, 2008 at 8:55 am