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ARTICLE · 30 JULY 2008

MIB Untraced Drivers Agreement Disadvantaged Minors

Bond Pearce LLP
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B was injured in a hit and run accident in 1993 when he was 3 years old. His parents did not seek compensation from the MIB under the Untraced Drivers Agreement 1972 (UTDA) until he was 11 years old.

United KingdomLitigation, Mediation & Arbitration
Ian Peacock
Ian Peacock

Ben Byrne v MIB & Secretary of State for Transport [2008] EWCA Civ 574

The facts: B was injured in a hit and run accident in 1993 when he was 3 years old. His parents did not seek compensation from the MIB under the Untraced Drivers Agreement 1972 (UTDA) until he was 11 years old. The MIB rejected the claim on the grounds that the application was more than 3 years after the accident and thus out of time.

B contended that the agreement contravened the Second EU Motor Insurance Directive that in effect requires that the protection afforded under both the Uninsured and Untraced Agreements must be as effective as the protection available under the national legal system to victims of insured drivers.

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