Section 151 Road Traffic Act

Section 151 of the road traffic act 1988 requires insurers to satisfy certain judgments.

Section 151 road traffic act. The section provides that insurers must meet judgments in respect of insured party liabilities even if the insurer is not liable to its insured as a matter of contract. The court of appeal has extended insurers liability under section 151 of the road traffic act to cases where the identity of the driver is unknown. From 1 november 2019 it will no longer be possible for an insurer to avoid an rta liability and reduce its status to article 75 by securing a declaration of policy voidance under section 152 of the road traffic act 1988.

Accordingly insurers will now bear the cost of these claims. An act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the law commission and the scottish law commission. Section 151 forms part of part vi of the act which legislates for and is headed third party liabilities.

1 no sum is payable by an insurer under section 151 of this act a in respect of any judgment unless before or within seven days after the commencement of the. 1 this section applies where after f3 a policy f4 is issued for the purposes of this part of this act a. 152 exceptions to section 151.

1 the minister may by regulation designate any part of the kings highway where the paved shoulder may be driven on and may make regulations. 151 duty of insurers f1. To satisfy judgment against persons insured f2.

Claimants can now elect to bring a claim against the vehicle s insurers rather than using the mib untraced driver s agreement. 2 no sum is payable by an insurer under section 151 of this act in connection with any liability if before the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability the insurer has obtained a declaration. Such is the magic of section 151 of the road traffic act 1988.

This obligation is hedged about with a number of technicalities. Section 152 2 of the road traffic act will be amended removing the insurer s right to avoid rta liability where a post accident declaration of policy voidance is obtained on grounds that the policy was obtained by way of non disclosure or misrepresentation at inception. When an insurer dealt with a third party claim as rta insurer under section 151 2 b of the road traffic act that insurer had the right under s 151 8 to recover the amount paid to the claimant from either the unauthorised driver or the insured as long as the insured caused or permitted the use of the vehicle by the unauthorised driver.