Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988
Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

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

  • Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

IN THE COUNTY COURT ATClaim no.

Parties

  1. AB        Claimant

  1. and

  1. (1)

    C D

    First Defendant

  1. (2)

    X Y INSURANCE PLC        Second Defendant

_________________________________________

PARTICULARS OF CLAIM

_________________________________________

    1. 1

      At all material times the Claimant was the owner and driver of a vehicle [description], [registration] (“the car”), and the First Defendant was the driver of a vehicle [description], [registration] (“the van”).

    1. 2

      At all material times the van was covered by a policy of motor insurance issued by the Second Defendant (“the policy”). The Claimant is therefore entitled to, and does, proceed against the Second Defendant under the European Communities (Rights against Insurers) Regulations 2002 (“the Regulations”).

    1. 3

      However, the Claimant understands that the Second Defendant seeks to avoid its liability under the policy, and therefore its liability under the Regulations, by reason of an alleged breach of condition by the First Defendant. If and to the extent that such avoidance is established, the Claimant avers that:

      1. 3.1

        the First Defendant remains liable in damages as pleaded below; and

      1. 3.2

        the Second Defendant remains liable to satisfy any judgment in these proceedings pursuant to section 151 of the Road Traffic Act 1988.

    1. 4

      The service of these proceedings on the Second Def

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