Motor insurance: injuries suffered in the EU

The EU’s five Motor Insurance Directives, now brought together in the Consolidated Motor Insurance Directive 2009, seek to ensure that an individual injured by a motor vehicle anywhere in the EU is entitled to seek compensation in his or her home member state. The relevant provisions, originally set out in the Fourth Motor Insurance Directive, were implemented in the UK by the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003.

Those Regulations have given rise to serious problems as regards the measure of damages where that measure differs between the member state where the accident occurred and England, and there are also issues as to the limitation period. Appeals are pending before the Supreme Court and Court of Appeal respectively. Wigley-Foster v Wilson [2016] EWCA Civ 454 raises a further point, namely, how the system works where the negligent driver’s insurers have become insolvent.