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claimant as the RTA Insurer (i.e. they still have a liability to third parties). A maximum of £1,000,000 can be paid for third party property claims and the insurer may look to pursue their policyholder for the cost of any payments made. Unlike the
Article 75 Insurer, RTA Insurers understand that the
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The benefit to an insurer in applying for
Article 75 status is that there is no liability if there is another insurer with a higher status (contractual or RTA), and their driver has a meaningful degree of liability (even 1% of liability rests with another party). There is also no liability to meet
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agree the 'utmost good faith', where both parties in the contract have to disclose the correct required information needed to create a policy. In cases where there is an outstanding claim and the insurance company detects incorrect or wrongly provided information (known as
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policy would have been accepted and valid prior to the policy inception as the non-disclosed material either isn't serious enough to have denied insurance in the first place, or it occurred after the policy start date.
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subrogated claims (claims where another party should have been responsible for settling). Claims for damage to property arising before (but not after) 11 June 2007 are subject to a compulsory excess of £300.
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If an insurer decides to void the policy they then have the right to cease proceedings on the policyholders claim. However, they may still be obliged to pay any innocent
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An insurer may look to seek
Article 75 status within RTA law if it transpires that the policyholder failed to declare an important fact (such as a
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97:). To do so, an insurer must apply for a declaration under Section 152(2) of the Road Traffic Act 1988 through the court system.
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67:), they would class it as a breach of the contract terms and may terminate the policy or increase the
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91:). In this case the insurer will cancel the policy as if it was never incepted (known as
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205:"A Practical Guide to MOTOR INSURANCE LAW FOR LEARNERS"
71:(depending on the seriousness of the non-disclosure).
184:"What are the different levels of car insurance?"
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220:: CS1 maint: numeric names: authors list (
158:Position under RTA 1988 and Article 75 2004
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203:2TG Insurance Group (February 2023).
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129:Third Party, Fire & Theft Cover
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247:Insurance in the United Kingdom
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31:that is still liable to a
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35:victim based on a voided
105:List of insurance covers
23:for short, is a British
17:Road Traffic Act insurer
134:Third Party Only Cover
54:In the United Kingdom,
44:Road Traffic Act 1988
33:road traffic accident
39:, as defined by the
146:Article 75 Insurer
123:Comprehensive cover
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27:term for an
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140:RTA INSURER
76:third party
236:Categories
189:2024-05-03
170:References
83:Article 75
50:Background
25:colloquial
94:ab initio
216:cite web
69:premium
29:insurer
117:Types
37:policy
208:(PDF)
19:, or
222:link
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