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Claiming Compensation > Notes for Guidance  
 
  NOTES FOR GUIDANCE
   
  The following notes are for the guidance of those who may have a claim on the Bureau as contemplated by its Agreement with the Government of Hong Kong, and of their legal advisers, but they must not be taken as rendering unnecessary a careful study of the Agreement itself. Communications on any matters connected with the scheme should be addressed to the Bureau whose address is:
   
 
 
    " MOTOR INSURERS' BUREAU OF HONG KONG ROOM 902, BANK OF EAST ASIA HARBOUR VIEW CENTRE, 56 GLOUCESTER ROAD, WANCHAI, HONG KONG "  
       
         
   
 
   
   
 
  1) The Bureau's liability dates from 1st February, 1981. Claims arising out of accidents which occurred before that date are excluded from the Agreement.
   
 
  2) If damages are awarded at first instance by a court of competent jurisdiction in Hong Kong (or on appeal therefrom either to a superior court in Hong Kong or to the Final Court of Appeal ) in respect of death or bodily injury arising out of the use of a motor vehicle on a road in circumstances where the liability is required to be covered by insurance under the Motor Vehicles Insurance (Third Party Risks) Ordinance, and such damages, or any part of them, remain unpaid twenty-eight days after the judgment becomes enforceable for any reason other than an insurance becoming ineffective due to insolvency of the Insurer, then, subject to the provisions of the Agreement, the Bureau will pay the unrecovered amount (including any interest awarded by the court and taxed costs) to the person in whose favour the judgment has been given, against an assignment of the judgment debt.
   
 
  3) Nothing in the Agreement affects the position at law of the parties to an action for damages arising out of the driving of a motor vehicle. The Bureau's liability under the Agreement can only arise when the plaintiff has successfully established his case against the defendant or defendants or other person alleged to be liable in the usual manner and judgment has been given in his favour. There is, of course, nothing to exclude the acceptance of compensation by the plaintiff under a settlement negotiated by the Bureau between the plaintiff and the defendant or defendants or any person alleged to be liable.
   
 
  4) WHERE THERE IS A POLICY
   
    In those cases where it is ascertained that there is in existence a policy issued in compliance with the Motor Vehicles Insurance (Third Party Risks) Ordinance, it will not be necessary for the victim to take any special steps to secure to himself the benefits of the scheme by notifying the Bureau, even though the insurer concerned may be in a position to repudiate liability under the policy for the reason that its conditions have been breached or it was obtained by improper methods, or that due notice of claim has not been given. To avoid possible misapprehension, it is emphasised that there is nothing in the scheme affecting any obligations imposed on a policyholder by his policy. Policyholders are not released from their contractual obligations to their insurers, although the scheme protects third party victims from the consequences of failure to observe them. For example, the failure of a policyholder to notify claims to his insurers as required by his policy, although not affecting a victim's right to benefit under the scheme, may leave the policyholder liable to his insurers.
   
    WHERE THERE IS NO POLICY

In cases where there is no policy, or for any reason the existence of a policy is in doubt, the victim or those acting on his behalf must notify the Bureau of the claim. It is a condition of the Bureau's liability that it should receive notification before the commencement of proceedings against the person alleged to be liable. In practice, however, it will be preferable to notify the Bureau in all cases where the name of the insurer is not speedily forthcoming.
   
 
  5) Claims arising out of the use of uninsured vehicles owned by or in the possession of the Government of the Hong Kong Special Administrative Region or otherwise exempted from complying with the compulsory insurance requirements of the Motor Vehicles Insurance (Third Party Risks) Ordinance will in the majority of cases be outside the scope of the Bureau's liability (see Clause 10 of the Agreement). In such cases the approach should be made to the responsible authority or person.
   
 
  6) UNTRACED DRIVER
   
    The liability of the Bureau does not extend to the compensation of any person who may suffer injury or death resulting from the driving of a vehicle the owner or driver of which cannot be traced. The Bureau will not, however, necessarily refuse to act in those cases. Where a person has sustained serious injury or serious and permanent disablement or has died as a result of injury and there is, in the view of the Bureau, reasonable certainty that the injury, disablement or death was caused by the negligent driving of a mechanically propelled vehicle the owner or driver of which cannot be traced, then the Bureau will at its discretion give sympathetic consideration to making an ex-gratia payment. Applications will only be considered, however, where it is reasonably certain that if the owner or driver had been traced he would have been found by a court to be under a liability to the applicant in respect of which he was required by the Motor Vehicles Insurance (Third Party Risks) Ordinance to be covered by insurance; that he was the only person who might be under any liability in respect of such injury; and that the failure of the applicant to secure judgment against him in respect of such injury was solely due to the applicant's inability to find him and serve him with legal process.
   
 
       
         
 
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THE AGREEMENTS

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The First Fund
- Agreement (1 Feb,1981)
- Undertaking (29 Jun,1995)
- Supplemental Agreement (24 Jun,2002)

Domestic Agreement for the First Fund
- Agreement (1 Feb,1981)
- Memorandum (29 Jun,1995)
- Supplemental Deed (24 Jun, 2002)

The Insolvency Fund
- Agreement (13 Aug, 2009)

Domestic Agreement for the Insolvency Fund
- Agreement (1 Nov, 1985)
- Supplemental Deed (13 Aug,2009)

Deed of Undertaking for New Members
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