Supreme Court Clarifies Applicable Law for Accidents Abroad Involving Uninsured Drivers - Sara-Jane Eaton, DWF LLP
19/12/16. Unfortunately, road traffic accidents whilst abroad on holiday or on business are an all too common occurrence. Even more problematic are claims caused by untraced or uninsured drivers. In the last few years, the UK courts have had to consider many thorny legal issues arising from such claims. The latest judgment from the Supreme Court has brought some long awaited clarity and certainty to claims brought against the MIB as a compensation body following accidents abroad, bringing them in line with claims covered by insurers. Head of DWF’s European Group, Sara-Jane Eaton discusses the decision in Moreno v Motor Insurers' Bureau (2016).
Ms Moreno, a UK resident, was the victim of a car accident whilst on holiday in Greece in May 2011, and sustained life changing injuries to her legs. The Greek registered vehicle was driven by an uninsured driver which led the claimant to seek damages from the Motor Insurers' Bureau in the UK upon her return from holiday.
The crux of the claim was whether English law should apply to the assessment of damages as opposed to Greek law as the measure of damages would be more generous under English law...