Ferris, Katy (2016) Which is the Applicable Law in Recovery of Losses from an Uninsured Driver? Moreno v The Motor Insurers' Bureau [2016] UKSC 52. European Journal of Current Legal Issues, 22 (3). ISSN 2059-0881

Ms Tiffany Moreno, a UK national, was on holiday in Greece in May 2011 when she was struck by a car whilst walking along a road, and suffered serious injury. The car was registered in Greece, however the driver, who was at fault, had no driving licence and was uninsured. Under motor insurance law, victims of accidents involving motor vehicles would normally seek compensation through the driver/owner's insurers (on a contractual basis). It is also possible that national law can make the contractual insurer fulfil the role of insurer where some error has occurred which would have otherwise allowed it to avoid having to satisfy claims on the policy (establishing it as a statutorily-imposed insurer). Finally, in the event that the tortfeasor holds no insurance, the victim has no insurer from which to claim, and the driver who caused the accident is unable to satisfy the award of damages, a state guarantee-fund (as required by the Motor Vehicle Insurance Directives [1] (the MVID), the latest being the sixth directive 2009/103/EC, exists to act as insurer of last resort for the victims of accidents caused by uninsured and untraced drivers.

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