THIRD GROUP OF PARTSDisposals

PART 7Financial orders and orders relating to property

CHAPTER 2Compensation orders

Particular cases

I1136Road accidents

1

A compensation order may not be made in respect of funeral expenses or bereavement in respect of a death due to a road accident.

2

A compensation order may be made in respect of injury, loss or damage due to a road accident only if it is in respect of—

a

loss suffered by a person's dependants in consequence of the person's death,

b

damage which is treated by section 137 as resulting from an offence under the Theft Act 1968 or Fraud Act 2006, or

c

uninsured harm.

3

In subsection (2), “uninsured harm” means injury, loss or damage as respects which—

a

the offender was uninsured in relation to the use of the vehicle in question, and

b

compensation is not payable under any arrangements to which the Secretary of State is a party.

An offender is not uninsured in relation to the use of a vehicle for this purpose if that use of it is exempted from insurance by section 144 of the Road Traffic Act 1988.

4

Where a compensation order is made in respect of injury, loss or damage due to a road accident, the amount to be paid may include an amount representing all or part of any loss of, or reduction in, preferential rates of insurance attributable to the accident.

5

In this Chapter, “road accident” means an accident arising out of the presence of a motor vehicle on a road.