Motor insurance: claims against unidentified drivers

Section 151 of the Road Traffic Act 1988 provides a mechanism whereby the victim of an insured driver can enforce a judgment for personal injury or property damage against the driver’s insurers. By reason of extensions in accordance with EU, enshrined in section 151, the insurers are liable to indemnify the victim even though the driver was not insured to drive the vehicle, although in that event the insurers have a right of recourse against the driver under section 151(8).

The question for the Court of Appeal in Cameron v Hussain [2017] EWCA Civ 366 was whether the victim could obtain judgment against an unidentified driver and then seek to enforce that judgment against the insurers, or whether the victim was required to pursue its claim against the Motor Insurers’ Bureau under the Untraced Drivers Agreement.