Motor Vehicle Insurance - Notice of proceedings

(Wylie v Wake, December 2000, forthcoming in [2001] Lloyd’s Rep IR)

Under section 151 of the Road Traffic Act 1988, the insurers of a motor vehicle are obliged to indemnify the victim of the negligent driving of that vehicle even though the driver was not properly insured under the policy, eg, because he was driving without the owner’s consent or the policy did not extend to driving by that particular driver. A victim who wishes to make use of section 151 must, however, meet basic statutory conditions laid down by section 152 of the Act. The Court of Appeal in Wylie v Wake , December 2000, forthcoming in [2001] Lloyd’s Rep IR, has decided that compliance with those conditions is mandatory and that a victim who fails to do so will lose his claim.