The case of Damijan Vnuk v Zavarovalnica Triglav C-162/13 has caused some concern that it may become compulsory for owners of ride-on lawn mowers to have insurance for their vehicles, even if it never leaves their own property.
This may also apply to any mechanically propelled motor vehicle such as off-road vehicles, mobility scooters and even electric wheelchairs.
Damijan Vnuk v Zavarovalnica Triglav
This case concerns a Slovenian man who was injured while working on a farm. He was up a ladder in a barn where bales of hay were being stored. A tractor was being used to reverse a trailer into the barn. The trailer struck the ladder Mr Vnuk was on, causing him to fall. Mr Vnuk pursued a claim for the injuries he suffered.
Initially, the Court in Slovenia stated that the insurance policy in place for the tractor did not cover the accident when the tractor was being used as a machine or propulsion device. The policy would only cover the tractor when it was being used for transport. Mr Vnuk appealed the decision. The Slovenian Supreme Court asked the Court of Justice of the European Union to make a decision as to whether the compulsory insurance for a vehicle should cover an accident, such as Mr Vnuk’s.
The EU Council Directive 72/166EEC requires the use of any vehicle to be insured for any civil liability. The Directive describes a vehicle as:
“any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled”.
The Court of Justice of the European Union has now declared that the concept of using vehicles within the meaning of the Directive must cover any use of a vehicle that is consistent with the normal function of that vehicle. Therefore, the compulsory insurance required to cover the tractor, which caused Mr Vnuk’s injuries, must cover his accident as the tractor was being used as you would normally expect it to be.
So what does this mean for the owners of ride-on lawn mowers?
In the UK the Directive was implemented by the Road Traffic Act 1988. This contained a narrower definition of “vehicle” than the Directive, namely “a mechanically propelled vehicle intended or adapted for use on roads”. This effectively excluded ride-on lawn mowers from requiring compulsory insurance.
The ruling of the Court of Justice of the European Union in Vnuk has now essentially extended the requirement for compulsory insurance to any vehicle anywhere on land within each Member State of the European Union.
In the UK it has always been assumed that insurance was not required for any vehicle which was only used on private land. This has led to some usual cases such as Holliday v Henry QBD 1974, in which Mr Holliday was prosecuted for failing to pay road tax on a car (which had no gear box) as he had left it on a public road. Mr Holliday had tried to avoid the argument that the car was on the road by placing a roller skate under each wheel!
Presently UK motor insurers can exclude liability to third parties for accidents which do not occur on a road or public place. The ruling in Vnuk will prevent these exclusions should the UK make changes to the Road Traffic Act 1988. Whether or not this will lead to the requirement for all vehicles to have insurance cannot yet be known. However, some insurers are already providing policies to cover vehicles such as ride-on lawn mowers and mobility scooters.
How Nelsons Can Help
If you or someone you know has been injured as a result of an accident on private land as a result of the use of a motor vehicle, please contact us to see if our Personal Injury team can assist you in pursuing a claim for compensation. If you have been injured by a ride-on lawn mower or mobility scooter, and it was not your fault, the owner may already be covered by their home insurance.