Accident on Private Land – is there a claim?

Levenes Solicitors have been involved in cases where a Claimant sustained life changing injuries in a collision with a vehicle being driven on private land, such as farm. In a collision between a motor vehicle and pedestrian, the risk of very serious injury or even death is always present.

Can the injured person make a claim as a result of a collision involving a motor vehicle on private land?

The answer to that question is that it depends. There is a simple answer and then a more complex answer. The simple answer is yes, the injured person can always make a claim.

What is more complex is whether there will be insurance or some other fund to cover the claim. This is important because if the person who caused the injury is not a rich person, then a claim against them is not worth making if they are not insured.

Section 143(1) of the Road Traffic Act 1988 specifies that a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle a policy of insurance which complies with the requirements of the 1988 Act.

That wording was not compliant with the European Insurance Directive – in other words, in European law, the duty to insure was wider than roads and public places. Vehicles should be insured for use on private land.

In a case called Motor Insurance Bureau v Lewis, it was decided that the Motor Insurance Bureau, (MIB) a fund that deals with claims against uninsured and untraced drivers, would have to pay claims to victims of collisions on private land because the MIB was effectively part of the UK state.

After a campaign by the insurance industry against this ruling, supported by fans of Brexit, the law was changed by the Motor Vehicles (Compulsory Insurance) Act 2022, so that if the collision with a vehicle was on private land on or after 28th June 2022, a victim cannot bring a claim against the MIB.

English law does not comply with European Law but because of Brexit, it no longer has to do so. UK parliament has chosen to take away from victims of motor vehicle collisions on private land a right to make a claim that could be made against the MIB when the UK was a member of the European Union.

If you were the victim of a motor vehicle collision on private land before 28th June 2022 you can still claim but limitation is 3 years for these claims (3 years starts to run on the date of the accident or on the 18th birthday of a victim who was under 18 at the time) and so it may not be too late to claim, but you need to act fast.

If the collision was on or after 28th June 2022, then there may be other ways to claim.

If the collision was on the yard of a transport or logistics company, the victim might be able to claim against the company under their employer’s liability or public liability cover.

Each case will depend on its individual facts, and you should seek advice from one of our specialist solicitors.

Accident compensation claims

Seeking the expert advice of a specialist road collision lawyer can be crucial in ensuring that your claim goes smoothly and that you get the support you need to recover from your injuries.

You can trust in the experience and knowledge of our team of professional injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.

Get in touch today and find out within 1 hour if you have a claim. Call us on 0800 048 2355 or request a call back now.