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Time to Motor on With Reform - Matthew Channon

26/11/15. Matthew Channon presents an analysis of the UK laws on motor insurance which seem to be non-compliant with European Law, and suggests some potential reforms.

There is very little doubt that there are a number of inconsistencies between UK law on Motor Insurance and the EU Motor Insurance Directives. A number of Articles have been published which have criticised the UK’s continuing non-compliance with European Law. The UK Secretary of State for Transport (SoS) has already been sued for its ‘serious’ non-compliance in Delaney v Secretary of State for Transport and is at serious risk of further action, unless SoS substantially reform this area of law. Moreover, victims of road traffic accidents are not getting the protection that they require and deserve. There are numerous areas within the RTA and Motor Insurers’ Bureaux (MIB) Agreements which need reform and numerous Articles would be needed to examine all potential reforms. Therefore, this Article will focus on two particular areas which should be at the heart of reforms. These are that the UK should make a fresh start by introducing a new and completely independent, “Motor Vehicle (Third Party Insurance) Act” which makes provisions more accessible to injured victims and should also simplify the current legislative regime so as to remove much of the current complexity. This Article will examine the current structural issues with the Road Traffic Act and recommend a potential new way forward...

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