EU agenda in motor insurance by bullsonparade


									EU agenda in motor
Cross-border claims
Report on issues relating to motor
Recast of the Motor Insurance
Background :
commitment of the European Commission (EC)
in the Rome II Regulation to submit a study on
compensation of victims of cross-border
accidents before the end of 2008
Analysis of compensation awarded to visiting
victims in the various Member States
Examination, comparison and evaluation of the
application of “lex loci “ with regard to the
compensation awards and limitation periods
 July 2007 publication of CEPS – study commissioned by
 the EP
 Suggestion of four alternative options for the assessment
 of the personal injury of the victim of a cross-border
 accident :
- application of lex damni – the law of the residence of the
- common principles for the assessment of
- full direct compensation by Motor Third Party
  liability insurer of the victim
- creation of a European compensation fund
Questions to be discussed :

 How is under-compensation defined ?

 Is there a “problem” of under-compensation ?

 What about over-compensation?
the EC considers to propose a Directive on
discrimination in access to goods and services
based on age, disability, religion an sexual
insurance is one service sector the EC looks into
collection of data and information on the
existence of discrimination in the various sectors
assessment of the impact of an EC initiative on
relevant service sectors
background : Art. 4 (7) of the Fourth Motor Insurance
              Directive & amendment in the second
              hearing of the European Parliament on the
              Fifth Motor Directive
contents : - national penalty provisions and their
           - public awareness and perception of the
                     claims representative system
           - the effectiveness of the system
           - inclusion of legal costs in MTPL insurance
Conclusions of the European Commission after public
consultation :

public awareness of the claims representative system
the claims representative system facilitates the quick
settlement of cross border claims
the penalty provisions are effective in spite of the
diversity of penalty provisions in the various Member
no benefits resulting from the inclusion of legal costs in
MTPL insurance – voluntary legal expenses insurance
covers the risk of incurring legal costs sufficiently
the Internal Market Committee (IMCO) of the
European Parliament drafts a reply to the EC’ s

draft report of the rapporteur currently confirms
the EC’ s conclusions, but raises the issue of the
need for additional consumer information
3 June vote in IMCO
7-10 July vote in Plenary
 publication of draft proposal of a recast of the
 Motor Insurance Directives

  aim: simplification and clarification
 - use of the same legal terms throughout the
 - codification according to the various
- no changes substance
For more information

               CEA aisbl
               Square de Meeûs 29
               B-1000 Brussels

To top