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Road Traffic Act 1988

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Road Traffic Act 1988, Section 151 is up to date with all changes known to be in force on or before 01 June 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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151 Duty of insurers F1... to satisfy judgment against persons insured F2... .E+W+S

(1)This section applies where, after [F3a policy [F4is issued] for the purposes of this Part of this Act,] a judgment to which this subsection applies is obtained.

(2)Subsection (1) above applies to judgments relating to a liability with respect to any matter where liability with respect to that matter is required to be covered by a policy of insurance under section 145 of this Act and either—

(a)it is a liability covered by the terms of the policy F5... F6... , and the judgment is obtained against any person who is insured by the policy F7... , or

(b)it is a liability, other than an excluded liability, which would be so covered if the policy insured all persons F8... and the judgment is obtained against any person other than one who is insured by the policy F9... .

(3)In deciding for the purposes of subsection (2) above whether a liability is or would be covered by the terms of a policy F10... , so much of the policy F10... as purports to restrict F11... the insurance of the persons insured by the policy F12... by reference to the holding by the driver of the vehicle of a licence authorising him to drive it shall be treated as of no effect.

(4)In subsection (2)(b) above “excluded liability” means a liability in respect of the death of, or bodily injury to, or damage to the property of any person who, at the time of the use which gave rise to the liability, was allowing himself to be carried in or upon the vehicle and knew or had reason to believe that the vehicle had been stolen or unlawfully taken, not being a person who—

(a)did not know and had no reason to believe that the vehicle had been stolen or unlawfully taken until after the commencement of his journey, and

(b)could not reasonably have been expected to have alighted from the vehicle.

In this subsection the reference to a person being carried in or upon a vehicle includes a reference to a person entering or getting on to, or alighting from, the vehicle.

(5)Notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy F13... , he must, subject to the provisions of this section, pay to the persons entitled to the benefit of the judgment—

(a)as regards liability in respect of death or bodily injury, any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum,

(b)as regards liability in respect of damage to property, any sum required to be paid under subsection (6) below, and

(c)any amount payable in respect of costs.

(6)This subsection requires—

(a)where the total of any amounts paid, payable or likely to be payable under the policy F14... in respect of damage to property caused by, or arising out of, the accident in question does not exceed [F15£1,200,000], the payment of any sum payable under the judgment in respect of the liability, together with any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum,

(b)where that total exceeds [F15£1,200,000], the payment of either—

(i)such proportion of any sum payable under the judgment in respect of the liability as [F15£1,200,000] bears to that total, together with the same proportion of any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on that sum, or

(ii)the difference between the total of any amounts already paid under the policy F14... in respect of such damage and [F15£1,200,000], together with such proportion of any sum which, by virtue of any enactment relating to interest on judgments, is payable in respect of interest on any sum payable under the judgment in respect of the liability as the difference bears to that sum,

whichever is the less, unless not less than [F15£1,200,000] has already been paid under the policy F14... in respect of such damage (in which case nothing is payable).

(7)Where an insurer becomes liable under this section to pay an amount in respect of a liability of a person who is insured by a policy F16... , he is entitled to recover from that person—

(a)that amount, in a case where he became liable to pay it by virtue only of subsection (3) above, or

(b)in a case where that amount exceeds the amount for which he would, apart from the provisions of this section, be liable under the policy F17... in respect of that liability, the excess.

(8)Where an insurer becomes liable under this section to pay an amount in respect of a liability of a person who is not insured by a policy F18... , he is entitled to recover the amount from that person or from any person who—

(a)is insured by the policy F19... by the terms of which the liability would be covered if the policy insured all persons F20... , and

(b)caused or permitted the use of the vehicle which gave rise to the liability.

(9)In this section—

F21(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)term-liability-covered-by-the-terms-of-the-policy-or-securityliability covered by the terms of the policy F23...” means a liability which is covered by the policy F23... or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy F23... .

(10)In the application of this section to Scotland, the words “by virtue of any enactment relating to interest on judgments” in subsections (5) and (6) (in each place where they appear) shall be omitted.

Textual Amendments

F3Words in s. 151(1) substituted (30.6.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 4(2); S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)

F6Words in s. 151(2)(a) omitted (30.6.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 4(3); S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)

F22S. 151(9)(b) repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.

Modifications etc. (not altering text)

C1S. 151 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

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