Commentary on provisions of Act Claims for compensation The Schedule - Motor vehicles in respect of which claims may be made
Paragraph 1 of the Schedule to the Act allows a person with third party insurance to make a claim for uninsured losses to their vehicle that was caused as a result of a riot. It should be noted that, unlike the position for other property claims, the payment of an excess will not render the insurance inadequate for the purposes of making a claim under the Schedule. This acts as a bar to claims for recovery of the payment of any excess paid for motor vehicles damaged in the course of a riot.
	A claim may also be made for riot damage in respect of vehicles that are exempt from the legal requirement to obtain insurance (see paragraph 2). This deals mainly with vehicles owned by certain public bodies, as set out in section 144(1) and (2) of the Road Traffic Act 1988.
	In order to ensure compliance with legal requirements in respect of keeping a vehicle on the road it is a condition, in respect of a motor vehicle falling within paragraph 1 or 2 of the Schedule, that the appropriate amount of vehicle excise duty has been paid in respect of the vehicle (so claims will be refused if the vehicle concerned has not been properly taxed).
	A claim may also be made in respect of loss or damage to a motor vehicle kept off-road at the time of the riot, provided that the claimant has kept the vehicle in accordance with the standard off-road notification requirements set out sections 144B(5) or (6A) of the Road Traffic Act 1988 (see paragraph 3).
	Under paragraph 4 of the Schedule, claims may be made in respect of vehicles that are part of the stock in trade of a business. Such claims may be made by an owner or an insurance company who has paid out under an insurance policy. However an insurance company is not permitted to subrogate claims on any other motor insurance policy they have paid out on.