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This comprehensive paperback contains thorough and practical discussions of such important issues as the changes in personal injury protection under the 1990 amendments to the PIP law, the interplay of PIP, health insurance and workman's compensation coverage, the litigation implications of the differing tort threshold provisions, the rules for determining whether a motorist is uninsured or underinsured under the UM/UIM clauses, the rights and remedies of insurers and insureds when multiple uninsured / underinsured policies are potentially involved in a claim, and much more. The easy-to-carry and easy-to-use text includes: Current statutory provisions regulating no fault, uninsured and underinsured motorist coverage, including the "Fair Automobile Insurance Reform Act of 1990". Practical tips on prosecuting, defending and arbitrating claims for personal injury and property Up-to-the-minute guide for all the case law interpreting and applying the legislative enactments. damage under the statutory scheme. With Full Text of Relevant Statutory and Regulatory Provisions
As statutes and regulations increasingly inhibit the rights of private landowners, the restrictive covenant has subtly emerged as one of the few remaining tools of property control available to the freeholder of land. This new edition discusses recent case law and its far-reaching effects on the jurisdiction of the Lands Tribunal, the modification or discharge of covenants and the compensation required It also incorporates rent charge covenants and other use obligations, and the problems of consent and breach Detailed chapters are included on procedure in Lands Tribunal applications
Fraud is one of the main factors driving up the cost of motor insurance. Wider access to justice should not provide a licence to make false personal injury claims under car insurance policies. A dedicated police unit - paid for by the insurance industry - should be established to tackle this escalating problem. The Committee also highlights the merry-go-round of 'referral' payments made to or by insurance and law firms, rescue truck drivers, vehicle repairers, credit hire firms, claims or accident management companies and medical experts in connection with motor insurance claims. It calls on the insurance industry to take steps to introduce much more transparency. The report also urges the Government to do more to bring down the casualty rate amongst young drivers, including by making the driving test more rigorous. In addition, the Committee recommends the Government: set out a clear timetable for new data sharing arrangements between the DVLA and motor insurers; undertake a promotional campaign, aimed at young drivers, to alert them to Continuous Insurance Enforcement (CIE - the requirement for the keeper of any registered vehicle to have valid motor insurance); review the penalties for uninsured driving one year after CIE has been implemented; fund research to review international experience in restraining the number of personal injury claims relating to motor insurance, with the aim of publishing a discussion paper during 2012 outlining possible options for change.
Whiplash injuries can have debilitating consequences for those who suffer them. However, some of the increase in whiplash claims will have been due to fraud or exaggeration. The Government must tighten up the requirements for motor insurance claims and ensure that insurers honour their commitment to reduce premiums. The Government should consider requiring claimants to provide proof that they have either been seen by a doctor or attended A&E shortly after the accident. The MPs also note that their previous recommendation on making the links between insurers and other parties involved with claims more transparent has been ignored. The absence of comprehensive statistics about road traffic accidents means that it is impossible to relate the increasing number of personal injury claims in recent years to the number of accidents. Data collection about road accidents needs to be improved help to assist detection of fraudulent personal injury claims and help highways authorities improve road safety by targeting spending on accident black-spots. The Committee also supports the proposal for an accreditation scheme for medical practitioners who provide medical reports in relation to whiplash claims. Access to justice could also be impaired by Government proposals to switch whiplash claims between £1,000 and £5,000 to the small claims court, particularly for people who do not feel confident to represent themselves against insurers who will use legal professionals to contest claims. Ways in which use of the small claims track could be combined with the routine submission of expert evidence should be considered
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The Law of Compulsory Motor Vehicle Insurance covers motor vehicle compulsory liability insurance in a broad context by putting emphasis on the fundamental principles unique to this type of insurance, their operation together with the general principles of law, and the interventions of the relevant EU Directives and CJEU decisions. The law regarding motor vehicle liability insurance is ever-evolving, fast-developing and offering more intellectual challenges as the disputes vary every day. This book examines the principles applicable in this area of law by studying the grounds where the rules derive from and their continuing developments over decades at both domestic and EU levels. Whilst doing so it also discusses whether the sources of the current applicable law, in several different motor vehicle compulsory insurance related issues, are in line with each other. The book also presents careful analyses of the interplay between the different sources of law, detailed discussions on what the law should be in order to provide consistency amongst the rules and principles identified, and how solutions to newly emerging issues can be found. The regime applicable in this area is overcomplex. This book will be valuable reading for any lawyer, whether academic, practitioner or student who would like to understand the insurance cover required for compulsory motor vehicle third party liability insurance together with the rationale for adopting such rules and their interpretation by the Courts.
The tenth edition of this well established work offers a concise outline of the scope and workings of the Motor Insurers' Bureau. It explains the extent of the Bureau's liability and the procedure for recovering compensation for victims of accidents involving "e;hit and run"e; and uninsured drivers.This new edition has been extensively updated, offering practical coverage of: The Uninsured Drivers' Agreement (including the 2008 Supplementary Uninsured Agreement)The Untraced Drivers' Agreement (including the 2008 and 2011 Supplementary Uninsured Agreements)cases involving the Bureau including Byrneimplementation of the Fifth EC Motor Directive.The book includes the full text of the two agreements governing the Motor Insurers' Bureau's activities - the Uninsured Drivers' Agreement and the Untraced Drivers' Agreement - as well as the forms required to pursue such claims.
The basic purpose of this book is to remove doubts and questions of the people concerned on this subject and to heln them to provie betteri service to their customers.