Supreme Court rules damages for uninsured claims should be consistent with insured claims
03 August 2016
The Supreme Court has concluded that the compensation to be awarded to Ms Tiffany Moreno should be assessed according to Greek law. Ms Moreno brought proceedings against MIB, claiming that her damages should be assessed according to English law. The case was heard in the Supreme Court on 12 and 13 July 2016.
In 2011 Ms Moreno, who lives in Wales, was involved in an accident in Greece whilst on holiday. Ms Moreno suffered serious injuries and because the driver responsible was not insured, brought a claim against MIB. MIB is the UK organisation which assists victims of accidents with uninsured and ‘hit and run’ drivers in the UK and abroad.
Ashton West OBE, Chief Executive at MIB said: “The outcome of this case is that the law for damages will now be applied consistently to uninsured and insured cases.
“Nothing changes the fact that Ms Moreno has been the unfortunate victim of a serious accident with an uninsured driver abroad. There is no doubt that she is entitled to damages for her injuries, however, the principle is about using the right law to decide how much to pay Ms Moreno.
“MIB is here to help UK residents with their claims for compensation while at the same time protecting the interests of UK motorists, who ultimately provide the funds on which we rely. As this relates to events which occurred in Greece, everything surrounding the claim should be treated under Greek law.”
MIB’s role as the UK Compensation Body has been to handle Ms Moreno’s claim and act on behalf of the Greek Guarantee Fund (GGF), the Greek equivalent of MIB. This system means that a victim of an accident abroad does not have to pursue a claim directly with a foreign organisation.
Mr West concluded: “As a result of the Supreme Court’s decision, MIB will compensate Ms Moreno on behalf of the GGF and will do so on the same basis as any other claim in Greece.
“Furthermore a number of MIB cases have been waiting for the outcome of this case. As the law is now clear, these cases can now be resolved.”