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Opinion

Addressing the paradox of employers’ liability insurance

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If an individual suffers an injury on the road through the negligence of a driver, they will recover compensation.

This is because of the provisions within Section 143 of the Road Traffic Act 1988.

Even if there was no insurance attaching to the vehicle, the Motor Insurers’ Bureau would satisfy any unsatisfied Judgment.

But there are numerous cases in which insurers in road traffic accident cases have tried a variety of methods to avoid liability including seeking a statutory declaration, asserting that the insurance policy is only relevant if the policyholder was driving or in the vehicle, and stating that the use of the vehicle was different to that which was insured.

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