09 March 2007
Phillips v Rafiq [2007] EWCA Civ 74, [2007] All ER (D) 170 (Feb)
Clause 6.1(e) of the Uninsured Drivers’ Agreement 1999 provides an exception to the obligation of the Motor Insurers’ Bureau to satisfy compensation claims where the claimant voluntarily allowed himself to be carried in an uninsured vehicle.
However, this exception does not apply where the claimant is a dependant of a deceased in a fatal accident claim, although the deceased knew that the driver was uninsured.
