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Law of Motor Insurance, The

Law of Motor Insurance, The
2nd Edition
Series:  Insurance Practitioner's Library
Practice Area:  Insurance Law
ISBN:  9780414045194
Published by:  Sweet & Maxwell
Publication Date:  23 Sep 2015
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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The Law of Motor Insurance, 2nd edition is a completely revised version of the first edition taking account major developments in law and practice since the first edition was published.

It is the only major work of its type in the UK focusing on the specific framework of legislation (stemming from the Road Traffic Act), rules and regulations that have been set up to deal with the particular circumstances that arise in motor insurance law cases.

Motor insurance law covers the different types of insurance cover available to motorists, how policies are adapted for certain vehicles and all the other subjective factors which influence the level of a premium and the amount of cover.

It is increasingly international (especially within the EU) as international driving licences become more commonplace and people drive on an ad hoc basis through business and leisure.



  • Provides a comprehensive and detailed analysis of motor insurance law
  • Explains the general principles of insurance law for background
  • Deals specifically with the coverage afforded by motor policies
  • Shows how liability is established taking into account the general principles of liability, duty to care and breach of duty, the award of damages and available defences
  • Goes through compulsory insurance cover
  • Provides a practical step-by-step guide of how to pursue motor insurance claims, dealing with everything from pre-action conduct and case management to costs and after event insurance
  • Advises on how to deal with claims against uninsured and untraced drivers
  • Takes into account international travel, embracing European and non-European motorists using vehicles in the UK, and both UK motorists and victims inside and outside of Europe
  • Contains detailed analysis of all relevant legislation, regulations and cases, from within the UK, EU and outside the EU. Examines the implementation of the 5th EC Motor Insurance Directive, and potential Law Commission reforms to consumer contracts
  • Provides all the relevant information to make a claim to the Motor Insurers Bureaux (MIB) and accommodates recent changes to the MIB agreements.
  • The Law of Motor Insurance is written by a prolific author team. Professor Rob Merkin is considered to be one of the top writers on insurance law and is very well established as a leading academic – he is the Professor of Commercial Law and Lloyd’s Law Reports Professor of Law at Southampton University. Jeremy Stuart-Smith QC is a high-profile barrister in insurance law, at 4 New Square Chambers.

Highlighted new commentary includes:

  • Analysis of the new Motor Insurers’ Bureau Uninsured Agreement of July 2015
  • Changes to the Road Traffic Act 1988 
  • Implementation of the 5th EC Motor Insurance Directive
  • Amendments to the MIB Agreements
  • Significant effects of the Consumer Insurance (Disclosure and Representations) Act 2012 and Insurance Act 2015 considered in detail
  • Changes to the law on payment for medical treatment
  • Many new cases both on motor insurance and tort
  • Potential Law Commission reforms to consumer contracts
  • Large number of new UK and European cases on key areas such as ex turpi causa, the scope of the MIB Agreements and the compatibility of the UK regime with UK requirements
  • Decisions from other common law jurisdictions on standard wordings incorporated into the text
  • Major overhaul of procedures for making motor claims, including the Road Traffic Accident Protocol and the Civil Procedure Rules
  • Practical guidance coupled with thorough analysis of the most problematic areas



Table of Contents

Framework of Motor Insurance Law

  • The Background
  • The Development of Motor Insurance Law in the UK
  • The EC Motor Insurance Regime
  • Regulation of Motor Insurance Business

General Principles of Insurance Law

  • Formation of the Contract
  • Insurable Interest
  • Assignment
  • Utmost Good Faith• Conditions and Warranties
  • Claims
  • Subrogation
  • Contribution
  • Intermediaries
  • Statement of General Insurance Practice 1986

The Coverage of Motor Policies

  • In General
  • Persons Covered by the Policy
  • Additional Risks Covered by Motor Policies
  • Limitations on the Use of the Vehicle
  • The Obligations of the Assured
  • The Measure of Indemnity Under Motor Policies

The Liabilities of Road Users

  • General Principles of Liability
  • Duty of Care
  • Breach of Duty
  • Damage
  • Defences

Compulsory Liability Cover

  • In General
  • Limits on the Obligation to Obtain Insurance
  • The Contract and the Insurer
  • The Certificate of Insurance
  • Meaning of Motor Vehicle
  • Places in which Insurance is Required
  • Activities to be Covered by Insurance
  • Scope of Cover
  • Liabilities for which Insurance is Required
  • Passengers
  • Employees
  • Liability Arising Under Agreement
  • Control of Policy Terms
  • Direct Action Against Insurer for Satisfaction of Judgment
  • Defences to Direct Action to Enforce Judgments
  • Primary Direct Actions Against Insurers
  • Insolvency or Death of User of Vehicle

Procedure for Motor Vehicle Claims

  • Introduction
  • Pre-Action Conduct
  • Alternative Dispute Resolution
  • Commencement of Court Proceedings
  • Case Management
  • Determination of a Case Without Trial
  • Costs
  • Application to Claims by Assureds Against Their Insurers
  • Application to Claims by Third Parties Against Assureds/Insurers
  • Conditional Fee Agreements
  • After the Event Insurance

Uninsured and Untraced Drivers

  • Role of the Motor Insurers Bureau Agreements
  • Claims Against the Motor Insurers Bureau
  • The Uninsured Drivers’ Agreement 1999
  • Claims Handling for Uninsured Driver Claims: Article 75
  • The Untraced Drivers Agreement 1996
  • Untraced Drivers Agreement 2003
  • Other Sources of Compensation

International Travel

  • Legal Framework
  • Non-European Motorist Using Vehicle in the UK
  • European Motorist Using Vehicle in the UK
  • UK Motorist Using Vehicle Outside Europe
  • UK Motorist Using Vehicle Within Europe
  • UK Victim in Accident Outside Europe
  • UK Victim in Accident Within Europe
  • Europe Resident Victim of Accident in the UK



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