Motor Insurance Law

Date01 October 1951
DOI10.1177/0032258X5102400409
Published date01 October 1951
Subject MatterArticle
THE
POLICE
JOURNAL
and how it has been perpetrated once it is revealed ; to the fraudsman
it is teeming with possibilities for fraud and laden with opportunities for
gain ; to the layman, and
the
investigating officer is usually very much
in this category, it is teeming with offences
but
often laden with
difficulties.
In conclusion, it is hoped
that
this article may help to shed some
light on a system of fraud which, like the origin of the
term
forming its
title, is wrapped in some mystery.
Motor Insurance
Law
By
SERGEANT
JAMES
STANTON
Metropolitan
Police
A
MONG
the many complicacies of the Road Traffic Act 1930,
perhaps those parts of the Act, particularly section 35, which deal
with the law relating to the insurance of motor vehicles, have caused
more controversy among members of the legal profession and the Police
than any other section relating to road traffic.
The
inspection by a police officer of a certificate of insurance
produced by the driver of a motor vehicle must happen many hundreds
of times each day and in some of these instances, it must be admitted,
the inspection is all too cursory and often fails to distinguish the
pur-
port of a certain clause in the insurance which may make all the differ-
ence between effective cover and no cover at all.
Frequently, too, a police officer demands the production of an
insurance certificate when his power to do so is completely lacking, and
should he be dealing with a person who has some understanding of
traffic law, then he is apt to come off second best should the request
for production be challenged.
It
is worth the while, therefore, of every policeman to possess a
good working knowledge of the elementary aspects of motor insurance
law and not only will the result redound to the professional advantage
of the individual
but
he will find
the
path of learning
not
without
interest.
Motor insurance, as we understand it today, was introduced into
this country on the first of January, 1931, when Part Two of the Road
Traffic Act, 1930 became operative.
From
that date motorists were
required to insure in respect of liability for death or injury to
third
parties resulting from the use of their motor vehicles on the road.
Previous to this date, an injured
third
party was often in the unfortunate
position of being unable to obtain financial redress for injuries received
in a traffic accident as the motorist himself was probably uninsured and
possibly without adequate means. Part Two of the Act annulled this

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT