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“What will be the effect of the proposed EU Directive harmonising motor insurance? Apparently the technical term ‘rebuttable presumption’ is enshrined in the law in many countries – if a large vehicle hits a smaller one then the driver of the large vehicle has to prove innocence. So a lorry/car conflict would be the same as a bike/pedestrian one. Surely this a saner approach that the ‘might is right’ situation on British roads at present? However, I believe that it goes against the idea of ‘innocent until proven guilty’ in our legal system?”
Roy Benson
Woking

The proposed change in British law comes as a result of a new draft European Union Directive seeking to harmonise motor insurance laws across the EU. One of the proposals is that it would compulsory for motor insurance to include cover for a victim’s injuries, whether or not the driver was at fault.This is already the law in France, Belgium, Sweden and Finland. Currently in the UK, pedestrians and cyclists are not covered by a vehicle’s insurance, unless the motorist is found liable for the accident.

If British law is changed in line with the Directive, it would only apply to accidents between motor vehicles and cyclists or motor vehicles and pedestrians.The EU feels that motor vehicles cause most accidents (as I am sure you would all agree!) and that cyclists and pedestrians are always the weaker party in any accident – the new rule would also apply to children, as pedestrians or cyclists. As for domestic animals, the Directive is surprisingly quiet! I would assume the new rule does not extend to pets.

As to whether these changes would undermine our hallowed principle of innocent until proven guilty, the situation is this.The fact that a motor vehicle has compulsory insurance to cover any victim’s injuries would have no bearing as to who was actually liable for a specific accident, if the case went to court. Furthermore, having insurance would not affect the amount of damages awarded to the victim.

If the proposed Directive is ultimately accepted, we would have until December 2004 to change our domestic law.

A to B Notelet: In the media frenzy over this proposed change to UK law, it was conveniently overlooked that the new rules would apply to children and pedestrians as well as cyclists. Should readers become involved in any future bar-room/letter page brawls on this issue, it might be worth emphasising this point. Cyclists are an easy target, but we’re all pedestrians at some stage in our daily lives and it’s hard to argue against a law designed to protect children…

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