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

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.

Download Full-text

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

Journal of the Institute of Actuaries ◽

10.1017/s0020268100051726 ◽

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.

Download Full-text

Beyond Blame: An Exposition of Systemic Barriers in the Return-to-Work Process

Australian Journal of Rehabilitation Counselling ◽

10.1017/s1323892200000417 ◽

2003 ◽

Vol 9 (2) ◽

pp. 118-129 ◽

Cited By ~ 1

Author(s):

Patricia Murphy ◽

Veronica O'Neill ◽

Elizabeth Kendall

Keyword(s):

Return To Work ◽

Motor Vehicle ◽

Motor Vehicle Accidents ◽

Third Party ◽

Work Process ◽

Vehicle Accidents ◽

Rehabilitation Outcomes ◽

Systemic Factors ◽

Systemic Barriers

The Compulsory Third Party (CTP) system in Queensland is in need of modification to ensure efficacious rehabilitation outcomes for individuals injured in motor vehicle accidents (MVAs). In an attempt to address this concern, a study was conducted to examine the perceptions of three major stakeholders in this CTP process, namely, insurers, rehabilitation providers and solicitors. Further, the systemic chemistry inherent to the system was explored. Pervasive within this study was the notion that a culture of blame resulted from competing stakeholder agendas, the nature of the partnerships established between these stakeholders, and the widespread confusion resulting from the interplay of complex systemic factors. These systemic factors contributed significantly to ineffective rehabilitation and return to work for persons injured in MVAs. This paper is the first in a series about these concerns.

Download Full-text

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

European Journal of Risk Regulation ◽

10.1017/s1867299x00002142 ◽

2012 ◽

Vol 3 (2) ◽

pp. 257-260 ◽

Cited By ~ 3

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]

Download Full-text

Corporate Finance Legal Protection as a Recipient Fiduciary Warranties Made Object of Evidence in Criminal Problem

Jurnal Daulat Hukum ◽

10.30659/jdh.v1i3.3353 ◽

2018 ◽

Vol 1 (3) ◽

pp. 673

Author(s):

Tegar Firmansyah

Keyword(s):

Motor Vehicle ◽

Descriptive Analysis ◽

Civil Law ◽

Legal Protection ◽

The State ◽

Third Party ◽

Motor Vehicles ◽

Corporate Financing ◽

Finance Company ◽

Legal Consequences

. In a consumer financing agreement in the form of a motor vehicle then the finance company will carry out the object binding fiduciary insurance for motor vehicles which have been delivered to the consumer. Fiduciary purpose vehicle that has been delivered to the consumer is to secure the creditor on the agreements that have been made of the risk of a breakdown of installments or transferred vehicle that has been tied with the fiduciary guarantee. Mastery of objects that remain in the possession of the debtor could be used to commit a crime which causes fiduciary object used as evidence in court and until the court decision object was confiscated by the state guarantee. The research is qualitative research in the form of descriptive analysis using normative juridical approach. Legal protection against creditors under Article 20 of Act No. 42 Of 1999 regarding Fiduciary stating fiduciary fixed object fiduciary assurance follow wherever located or when objects are on the fiduciary third party then the lender has the authority to take it. Article contains the principle Droite de Suite. The legal consequences of confiscation by the state that is the position of the objects belong to the state and the object can not be used by anyone. Deprivation of fiduciary objects do not cause the voidance of fiduciary so that the debtor shall replace objects fiduciary pursuant to Article 1131 Civil Law Book.Keywords: Legal Protection; Fiduciary; Corporate Financing; Equipment Evidence.

Download Full-text

Genitourinary injuries associated with pelvic fractures

Acta chirurgica iugoslavica ◽

10.2298/aci1302117p ◽

2013 ◽

Vol 60 (2) ◽

pp. 117-120 ◽

Cited By ~ 6

Author(s):

Tomislav Pejcic ◽

Zlatibor Loncar ◽

Dragutin Rafailovic ◽

Miodrag Acimovic ◽

Zoran Dzamic ◽

...

Keyword(s):

Pelvic Fracture ◽

Motor Vehicle ◽

Pelvic Fractures ◽

Motor Vehicles ◽

Urethral Reconstruction ◽

Tertiary Institutions ◽

Vehicle Accidents ◽

Clinical Center ◽

Bladder Injuries ◽

Urethral Injuries

Introduction: Pelvic fractures represent approximately 3% of all skeletal injuries. About 15% of patients with pelvic fractures have associated bladder or urethral injuries. The most common causes of pelvic fracture are motor vehicle accidents, motorcycle crashes, motor vehicles striking pedestrians, and falls. Material and methods: Retrospective study included the patients treated in the Emergency Center, Clinical Center of Serbia, Belgrade, between 2000 and 2009. Of 7445 patients, there were 894 injuries of the urinary tract and 376 pelvic fractures; 55 patients with pelvic fractures (14.6%) had bladder or urethral injuries. There were 31 patients with bladder injuries, 22 patients with urethral injuries, and two patients with associated injuries of the posterior urethra and the bladder neck. Results: The bladder injuries were treated by surgical exploration, cystostomy, suture of the bladder lesions and urethral catheterization. Urethral injuries were treated by primary cystostomy and urethral reconstruction and catheterization in 18 patients (82%), while cystofix-cystostomy was performed in four patients (18%). Discussion: Genitourinary injuries increase overall mortality in patients with pelvic fracture, compared with traumas without associated GU injuries. These patients require multidisciplinary approach, preferably in tertiary institutions.

Download Full-text

International Travel and Double Recovery

Deakin Law Review ◽

10.21153/dlr2013vol18no1art56 ◽

2013 ◽

Vol 18 (1) ◽

pp. 27

Author(s):

Claudio Bozzi

Keyword(s):

Health Care ◽

Motor Vehicle ◽

Motor Vehicle Accident ◽

Private Insurance ◽

The State ◽

International Travel ◽

Third Party ◽

Care Needs ◽

Vehicle Accidents ◽

Economic Significance

A combination of the economic significance of international tourism, the increased mobility of individuals, and their greater willingness and desire to manage their own movements has significant implications for insurers which currently remain under-appreciated. International visitors to Australia are more likely to die or suffer injury as the result of a motor vehicle accident than in any other way. While attention has been focused on the complex jurisdictional issues that may arise, other equally important problems such as the potential for action in double recovery have gone largely unnoticed. The need is particularly acute because, as many studies attest, the prospect of death and injury in motor vehicle accidents involving foreign licensees is only likely to increase. Injured third parties returning to home jurisdictions with national health systems will rightly draw on the resources of the state, public welfare, and sometimes private insurance to meet their health care needs. To complicate matters further, European countries typically view the state as a guarantor of individual and collective social rights, and, to varying extents, constitutionally guarantee health care and other relevant benefits such as unemployment payments. In effect, an injured third party receiving a payout for the cost of those injuries from an Australian insurer returns home as a citizen or resident of a state in which she or he draws on publicly funded health care and benefits. In Italy, for example, the needs of the injured third party are met by a devolved health care system which places the greatest burden of responsibility for the delivery and funding of services on regionally governed public enterprises, and to a lesser extent on other entities. Some of those providers have mounted actions in recovery for money spent and goods supplied for the treatment of the same injuries that are the subject of the insurance. The aim of this article is to address the theoretical basis and practical implications of actions taken against the insured injured party in the context of foreign constitutional and personal injuries law (or constitutionalised personal injuries law).

Download Full-text

A Reassessment of Suicide Measurement

Crisis ◽

10.1027/0227-5910.30.1.6 ◽

2009 ◽

Vol 30 (1) ◽

pp. 6-12 ◽

Cited By ~ 3

Author(s):

D.P. Doessel ◽

Ruth F.G. Williams ◽

Harvey Whiteford

Keyword(s):

Causes Of Death ◽

Motor Vehicle ◽

Years Of Life Lost ◽

Health Prevention ◽

Prevention Strategies ◽

Vehicle Accidents ◽

The Social ◽

Evaluation Exercise ◽

Two Measures ◽

Circulatory Diseases

Background. Concern with suicide measurement is a positive, albeit relatively recent, development. A concern with the social loss from suicide requires careful attention to appropriately measuring the phenomenon. This paper applies two different methods of measuring suicide data: the conventional age-standardized suicide (count) rate; and the alternative rate, the potential years of life lost (PYLL) rate. Aims. The purpose of applying these two measures is to place suicide in Queensland in a historical and comparative (relative to other causes of death) perspective. Methods. Both measures are applied to suicide data for Queensland since 1920. These measures are applied also to two largish causes of death and two smaller causes of death, i.e., circulatory diseases, cancers, motor vehicle accidents, suicide. Results. The two measures generate quite different pictures of suicide in Queensland: Using the PYLL measure, suicide is a quantitatively larger issue than is indicated by the count measure. Conclusions. The PYLL measure is the more appropriate measure for evaluation exercise of public health prevention strategies. This is because the PYLL measure is weighted by years of life lost and, thus, it incorporates more information than the count measure which implicitly weights each death with a somewhat partial value, viz. unity.

Download Full-text