Q&As

A is resident in the UK and was injured by a foreign registered driver and lorry (Poland) on a road in the UK. The foreign insurer (UK representatives) have accepted primary liability. Limitation is coming up and I need to issue the claim form only as we are not yet ready to serve. I have written to the UK representatives explaining that we intend on commencing court proceedings directly against their insurer principal pursuant to the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061. I have also asked them to confirm the full name and address details of the insurance company and driver. Can I serve on the representatives if they are nominated?

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Published on LexisPSL on 26/09/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • A is resident in the UK and was injured by a foreign registered driver and lorry (Poland) on a road in the UK. The foreign insurer (UK representatives) have accepted primary liability. Limitation is coming up and I need to issue the claim form only as we are not yet ready to serve. I have written to the UK representatives explaining that we intend on commencing court proceedings directly against their insurer principal pursuant to the European Communities (Rights against Insurers) Regulations 2002, SI 2002/3061. I have also asked them to confirm the full name and address details of the insurance company and driver. Can I serve on the representatives if they are nominated?

Where a person has been injured in a road traffic accident which occurred in the UK but was caused by the driver of a foreign registered vehicle normally based in another participating country, the claim will be handled under the Green Card scheme either by the British insurer acting as correspondent or, if there is no nominated correspondent, by the Motor Insurers' Bureau (MIB). We refer you to Practice Note: Road accidents in the UK caused by foreign drivers—the Green Card system which sets out the legal framework and the procedure by which such a claim is made. That Practice Note states:

Special case of foreign registered lorries

In cases involving foreign registered lorries, it is important to bear in mind that in some countries, trailers bear a different registrat

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