Motor Insurance

At 2TG, we have a number of barristers who are leading practitioners in the motor insurance field.

We are well-placed to deal with complex issues relating to all road traffic insurance due to our combined strength in insurance, foreign claims and personal injury, especially against the background of the measures imposed by the Road Traffic Act 1988 and the content of the Motor Insurance Directives emanating from Europe.

We are expert in the statutory framework which underpins the industry and have been involved in much of the leading case law, including in the Supreme Court in Jacobs v MIB [2012] and Moreno v MIB [2016], in the Court of Appeal in Charlton v Fisher [2002] and Howe v MIB [2017], and in Colley v Shuker [2021]. We are frequently instructed in relation to claims involving the Motor Insurance Bureau and the Uninsured and Untraced driver agreements, both for and against the uninsured motorists and the MIB.

Our barristers are especially sought after to conduct cases with an international element due to our unrivalled expertise in private international law. We advise, for example, on the liability of foreign insurance companies to provide indemnity to their insureds or to compensate victims, and in proceedings brought directly against UK insurers or the MIB in respect of accidents abroad. We also advise on insurers’ liability and issues arising from the relationship between EU and English law and act in cases involving technical points of EU law.

Alongside excellent personal injury and insurance practices, a number of our junior members barristers have a particular interest and experience of fraud in a variety of contexts, including all aspects of motor insurance claims.

In the context of road traffic accidents, we act in cases concerning alleged low velocity impacts, phantom passengers and staged accidents. We have appeared in numerous cases involving suspected fraud rings. This includes defending fraudulent motor vehicle claims such as staged/no accident claims, low velocity/no injury claims, phantom passengers, declarations for policy avoidance and credit hire issues, as well as exaggerated and other dishonest claims. A number of our barristers are retained on specific national insurer panels to deal with late notification claims and suspected fraudulent road traffic accidents. These claims are generally on behalf of the leading insurers in this area.

We are also particularly well placed to act on cross border motor fraud cases where our members provide specialist advice on the jurisdictional elements of disputes and issues of applicable law.