Clarifying the Concept of Victim in the Motor Vehicle Drivers' Liability Insurance: The ECJ's Judgment in Case C-442/10

2012 ◽  
Vol 3 (2) ◽  
pp. 257-260 ◽  
Author(s):  
Vadim Mantrov
Keyword(s):  
Motor Vehicle ◽  
Civil Liability ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
Insurance Company ◽  
Member States ◽  
Company Limited ◽  
Council Directive ◽  
Motor Insurance

Case C-442/10, Churchill Insurance Company Limited v Benjamin Wilkinson and Tracy Evans v Equity Claims Limited [2011] ECR I-00000Article 3 No. 1 of Council Directive on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability, as amended, codified and repealed by Directive 2009/103/EC, OJ L - 103, of 02.05.1972. pp. 1–6. [First Motor Insurance Directive]Article 2 No. 1 of Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended, codified and repealed by Directive 2009/103/EC, OJ L – 8, of 11.01.1984. pp. 17–20. [Second Motor Insurance Directive]Article 1 No. 1 of Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles, as amended, codified and repealed by Directive 2009/103/EC, OJ L – 129, of 19.05.1990. pp. 33–35. [Third Motor Insurance Directive]

scholarly journals INSURANCE COVERAGE IN CIVIL LIABILITY OF MOTOR VEHICLES OWNERS’ COMPULSORY INSURANCE (COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF TURKEY AND THE REPUBLIC OF AZERBAIJAN)

InterConf ◽  
2021 ◽  
pp. 199-205
Author(s):  
Faik Birishik
Keyword(s):  
Motor Vehicle ◽  
Insurance Coverage ◽  
Civil Liability ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
Coverage Area ◽  
Compulsory Insurance ◽  
The Law ◽  
The Republic ◽  
Republic Of Turkey

Both Turkish and Azerbaijani legislation requires motor vehicle owners to enter into a contract of compulsory civil liability insurance. The list of vehicles with compulsory civil liability insurance to third parties is reflected in Article 50.2 of the Law of the Republic of Azerbaijan on “Compulsory Insurance”. A similar list of vehicles with compulsory civil liability insurance is reflected in the Law of the Republic of Turkey “On Motor Roads”. Losses included in the coverage area of the insurance contract on compulsory civil liability insurance of motor vehicle owners are classified in the form of damage to vehicles, material damage and damage to life and health of the victim.

Note on Determination of Premium Rates for Motor Vehicles (Third Party Risks) Insurance in New Zealand

1972 ◽  
Vol 98 (2) ◽  
pp. 149-156
Author(s):  
J. E. Eriksen ◽  
E. J. Jones
Keyword(s):  
New Zealand ◽  
Life Insurance ◽  
Motor Vehicle ◽  
Third Party ◽  
Motor Vehicles ◽  
Motor Insurance ◽  
Premium Rates ◽  
Insurance Rates ◽  
Basic Ideas

The authors have advised on the level of motor vehicle (third party risks) insurance rates of premium in the circumstances under which that business is written in New Zealand and this paper records the approach taken. It has been prepared in the hope that, as no difficult mathematics are involved, the basic ideas may appeal both to actuaries and to persons other than actuaries who are interested in the transaction of non-life insurance. They are relevant not merely to third party motor insurance but also to non-life insurance generally in a situation where insurance is compulsory and the rates of premium are centrally controlled. In those circumstances more sophisticated techniques of deriving premium rates are less necessary.

scholarly journals The Automated and Electric Vehicles Act 2018 Part 1 and Beyond: A Critical Review

2019 ◽  
Vol 41 (3) ◽  
pp. 395-416
Author(s):  
James Marson ◽  
Katy Ferris ◽  
Jill Dickinson
Keyword(s):  
Electric Vehicles ◽  
Motor Vehicle ◽  
Autonomous Vehicle ◽  
Third Party ◽  
Motor Vehicles ◽  
Manufacturing Defects ◽  
Vehicle Accidents ◽  
Consumer Law ◽  
Motor Insurance ◽  
Driver Error

Abstract On 19 July 2018, the Automated and Electric Vehicles Act 2018 (AEVA) received Royal Assent. As motor vehicles are becoming increasingly technologically based, with driving aids having taken over many of the more mundane (and possibly dangerous) aspects of driving from the driver, it is imperative that legislation keeps pace to determine the responsibilities of the parties. Motor insurance provides protection for those involved with vehicles and who may suffer harm, injury, and loss due to the negligence of the actors. This is most frequently driver error, but may also include manufacturing defects, which result in deaths and less serious injuries. It is also here where the intersection between torts and insurance laws needs careful management. It would be particularly unfair to ask drivers or third-party victims of motor vehicle accidents to seek redress from a manufacturer for losses incurred during the actions of an autonomous vehicle. Consumer law has historically removed this burden from affected consumers and it is entirely sensible for the law to protect individuals in an emerging field—and perhaps even more so given the trajectory of vehicles with driver-enabled qualities and the numbers of vehicles currently featuring such innovations. Yet, the AEVA consists of aspects which are troubling in respect of the motor insurance industry’s dominance of this market, the application of compulsory insurance, and exclusions and limitations to responsibility which expose policy holders and victims to EU-breaching levels of risk.

scholarly journals THE CIVIL LIABILITY INSURANCE OF OWNERS OF MOTOR VEHICLES IN THE CONTEXT OF INNOVATIVE TRANSFORMATIONS

2021 ◽  
Author(s):  
Liudmyla Volokhova ◽  
Keyword(s):  
Civil Liability ◽  
Forecast Model ◽  
Insurance Premium ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
Motor Vehicles ◽  
European Standards ◽  
Car Insurance

Insurance plays a stabilizing role in economic development, so it is an important financial area in an era of new challenges and threats. This leads to increased attention to insurance in general and the introduction of innovations in such an important area as liability insurance. The specific features of this industry require the development of important recommendations for improving the compulsory civil liability insurance of owners of motor vehicles (CCLIOMV) in Ukraine. The methodology and methods of work involve the use of a systematic approach, analysis, comparison, forecasting in the development of improved regulation of the liability insurance market. The condition for the successful functioning of the insurance market in Ukraine is a decent level of quality of insurance services based on such innovations in car insurance as telematics, namely Usage-based insurance (UBI), is a special program that allows discounts to drivers by tracking their mileage. Another new vector is mobile technology, which allows you to remotely control devices, develop the implementation and maintenance of insurance services with their help. The methods of encouraging the use of motor third party liability insurance services, as well as the approximation of the existing system CCLIOMV to European standards is the use of a bonus-malus – a correction factor for the size of the insurance premium. The need and effectiveness of the introduction of an electronic policy is the ability to independently choose a reliable insurer, provide a guarantee of the acquisition of legitimate insurance protection, the introduction of non-cash using Internet acquiring technology forms of payment for insurance services and more. The scientific research carried out in the work allowed to determine the forecast indicators of the introduced innovations in the insurance market. The results of calculations of the forecast model on the dynamics of sales of electronic policies CCLIOMV in Ukraine show that their volume is constantly growing and in 2022 will amount to about 7 million units. This allows us to forecast the coverage of electronic policies CCLIOMV up to 70% of all vehicles in Ukraine.

scholarly journals Experience of Korea in setting up an insurance database system and proposed solutions for Vietnam

2021 ◽  
Vol 63 (4) ◽  
pp. 13-16
Author(s):  
Vu Minh Nguyen ◽  
◽  
Changsoo Lee ◽  
Keyword(s):  
Motor Vehicle ◽  
Civil Liability ◽  
Database Systems ◽  
Liability Insurance ◽  
Insurance Companies ◽  
Technology System ◽  
National Insurance ◽  
The Common ◽  
Insurance Database ◽  
Share Information

Clause 1, Article 33, Decree 03/2021/NĐ-CP dated January 15, 2021, on compulsory civil liability insurance of motor vehicle owners, clearly regulate the responsibility of insurance companies in developing and operating information technology system to guarantee statistical affairs and update the implementation of compulsory civil liability insurance of motor vehicle owners to ensure the connection to database on compulsory civil liability insurance of motor vehicle ownersas well as responsibility for insurance companies to provide minimum information on the system. However, in reality, insurance companies use their own database systems and hesitate to share information on the common database,thus causing difficulties for management. This issue leads to difficulties in data management and sharing. A cause of this situation is that insurance companies worry about the risk of losing customers when information is public. In order to resolve this issue, the paper will analyse a model that has been successfully deployed in Korea, from which, proposes several recommendations to contribute to the early realisation of the national insurance databases in Vietnam.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

Complex Solution of Ecological and Economic Problems of Traffic Jams

2019 ◽  
pp. 6-15
Author(s):  
Oleksandr M. Matsenko ◽  
Yaroslav S. Kovalev ◽  
Olena M. Tkachenko ◽  
Yaroslava V. Chorna
Keyword(s):  
Traffic Control ◽  
Motor Vehicle ◽  
Motor Vehicles ◽  
Water Runoff ◽  
Negative Consequences ◽  
Traffic Lights ◽  
Economic Problems ◽  
Traffic Jams ◽  
Economic Sphere ◽  
Flows Over Time

The article explores the congestion level in traffic of motor vehicles and its negative environmental and economic consequences in case of Kiev. The amount of pollution from traffic jams in Kiev and the number of vehicles which got into them in 2009-2018 is analyzed. The loss of earnings on the side of automobile owners from their standby are calculated with corresponding quantitative expressions found and described. For the course of the research, the methods of system-structural and comparative analysis were used for analyzing the environmental and economic problems of modern automobile systems; methods of formal logical analysis were used for substantiating the innovative infrastructure of transport routes. Separately economic and statistical methods were used in the study for trends development, structure analysis, and estimation of the influence of road congestion on the environmental and economic sphere. Pearson test has indicated a close relationship between the number of cars in Kiev and the number of values from traffic jams in environmental and economic sphere. Solutions to this problem are offered in forms of automated traffic control systems, improvisation of organizational and technical methods for the distribution of traffic flows over time, namely reverse traffic, road junctions, smart traffic lights, road extension, and the transition to alternative modes of transport. In all countries of the world there are new research methods that affect pollutants from motor vehicles. It is proved that they are forced by the recipients. In addition, landscaping can improve landscape design, reduce greenhouse gas emissions, surface water runoff and noise pollution. In this regard the policy implication of the research are aimed to eliminate the negative consequences from the use of vehicles during traffic jams, and the necessary number of trees for planting in Kiev is calculated. Key words: motor transport, congestion, traffic jam, motor vehicle, greening, compensation effect, lost profits, losses.

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