SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?

June 25, 2013 · by gexall · in Civil Procedure, Damages, Members Content, Personal Injury

A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured. In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all other cases, however, the case often comes to an end.

IT IS ESSE...

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Tags: Claimants, Home Insurance, Uninsured Defendant

2 Responses

Alex Brown · July 23, 2014 at 13:42:48 · →

Hi Gordon,

I saw your post on this a few weeks ago and I have come across a similar clause for unsatisfied judgement in one of my client’s Allianz home insurance policies offering cover for up to £2m in damages and costs. Very useful in P.I cases for laborers working for ’employers’ who carry no EL insurance.

I would also envisage that in such cases there will be very little opposition to the claim as the ’employer’ would not seek to defend as they would have no funds to do so.

A message that certainly needs spreading in these tough access to justice times.
Tim · November 3, 2014 at 10:25:13 · →

You’ve misquoted the clause. It’s “within three months after the date of the award [not accident]”.