THIRD GROUP OF PARTS

Disposals
PART 7

Financial orders and orders relating to property
CHAPTER 2

Compensation orders

Particular cases

Road accidents
136
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.
S. 136 in force at 1.12.2020 by S.I. 2020/1236, reg. 2