Howe v Motor Insurers’ Bureau [2016] EWHC 640 (QB), [2016] All ER (D) 210 (Mar)
The Queen’s Bench Division dismissed the claimant’s claim against the Motor Insurers’ Bureau (the MIB), which had been brought following an accident in France with an untraced driver. The court was bound by previous authority to find that the MIB’s liability to compensate the claimant, pursuant to the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (SI 2003/37), was not dependent upon the claimant establishing that the similar fund in France was liable to compensate him. However, the claim was time barred under the regulations and the claimant could not rely upon estoppel to prevent the MIB from relying upon its limitation defence.
