When accidents occur on the road, we all know that the first thing you need to do is to exchange insurance information, take as many details as possible and in some circumstances involve the police. What do you do when an accident occurs on private property?
Personal Injury lawyer Deborah explores what you should do and who is liable if you are hit by an uninsured vehicle on private land.
You would be forgiven for thinking that if you are injured by the same uninsured vehicle on a public road or in a private car park that your legal rights would be the same.
If you are injured by an uninsured vehicle on a public road then you are be able to bring a claim against the Motor Insurers’ Bureau which compensates innocents victims injured by uninsured drivers.
Up until now, if you stepped off the road onto a driveway or private car park and were struck by an uninsured vehicle on that land then your situation would have been precarious. The reason for this is that under current English statutory law a driver is only required to have insurance to drive on a road. If you were hit on private land by a vehicle without insurance then the Motor Insurers’ Bureau would not accept the claim, as it is only required to compensate victims where insurance should have been in place but was not!
However, there is light at the end of the tunnel as in a landmark ruling the Court of Appeal recently held the Motor Insurers’ Bureau liable for injuries caused to a Mr Lewis (no relation) who was walking on private farmland and was injured by a farmer’s 4×4 vehicle. The Court of Appeal found that the UK Government restricting compulsory insurance to public roads and restricting the obligation of the Motor Insurers’ Bureau to deal with injuries sustained on public roads only is contrary to European law.
As a result, if you are the unfortunate victim of an injury caused by a vehicle either innocently or deliberately on private land, then the likelihood is that now you will be compensated for your injuries. This situation should be unaffected by Brexit!
If you are injured on private land by a vehicle you suspect to be without insurance, you should try to obtain the name of the vehicle driver and registration number and we will do the rest. You can now sleep easy thanks to the Court of Appeal. Contact our expert personal injury team if you need any advice.
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