EU agenda in motor insurance

Contents

Cross-border claimsAnti-discrimination Report on issues relating to motor

insuranceRecast of the Motor Insurance

Directives

Cross – border claims (1)

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 StatesExamination, comparison and evaluation of the application of “lex loci “ with regard to the compensation awards and limitation periods

Cross-border claims (2)

July 2007 publication of CEPS – study commissioned by the EPSuggestion 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

victim - common principles for the assessment of damages - full direct compensation by Motor Third Party liability insurer of the victim - creation of a European compensation fund

Cross-border claims (3)

Questions to be discussed :

How is under-compensation defined ?

Is there a “problem” of under-compensation ?

What about over-compensation?

Anti-discrimination in motor insurance

the EC considers to propose a Directive on discrimination in access to goods and services based on age, disability, religion an sexual orientation insurance is one service sector the EC looks intocollection of data and information on the existence of discrimination in the various sectorsassessment of the impact of an EC initiative on relevant service sectors

Report on issues relating to motor insurance

by the European Commission

background : Art. 4 (7) of the Fourth Motor Insurance Directive & amendment in the second

hearing of the European Parliament on the

Fifth Motor Directivecontents : - national penalty provisions and their

effectiveness - public awareness and perception of the

claims representative system - the effectiveness of the system - inclusion of legal costs in MTPL

insurance

Report on issues relating to motor insurance

Conclusions of the European Commission after public consultation :

public awareness of the claims representative systemthe claims representative system facilitates the quick settlement of cross border claimsthe penalty provisions are effective in spite of the diversity of penalty provisions in the various Member Statesno benefits resulting from the inclusion of legal costs in MTPL insurance – voluntary legal expenses insurance covers the risk of incurring legal costs sufficiently

Report on issues relating to motor insurance by the European

Commission

the Internal Market Committee (IMCO) of the European Parliament drafts a reply to the EC’ s report

draft report of the rapporteur currently confirms the EC’ s conclusions, but raises the issue of the need for additional consumer information3 June vote in IMCO7-10 July vote in Plenary

Recast of Motor Insurance Directives

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 - codification according to the various amendments - no changes substance

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