The MIB Uninsured Drivers Agreement

Claims by passengers

As noted in the discussion of the Untraced Drivers Agreement 2003, there is an exclusion in the MIB’s Uninsured Drivers Agreement 1996, now replicated in the Untraced Drivers Agreement, which precludes recovery by a passenger who ‘knew or ought to have known that the vehicle was being used without there being in force in relation to its use such a contract of insurance as would comply with’ the Road Traffic Act 1988. The meaning of the phrase ‘knew or ought to have known’ was at stake in Akers v Motor Insurers’ Bureau [2003] EWCA Civ 18, forthcoming in [2003] Lloyd’s Rep IR. The case was decided under the 1988 Agreement, which is for all relevant purposes the same as the 1996 Agreement.