scholarly journals Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance

2021 ◽  
Vol 20 (2) ◽  
pp. 33-40
Author(s):  
Jasmina Djokic
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Third Party ◽  
Liability Insurance ◽  
Criminal Offense ◽  
Eu Member States ◽  
Cross Border ◽  
National Courts ◽  
Limitation Periods

The commencement of calculation of the period of legal limitation for compensation of damage from motor third party liability insurance is a problem for which the consensus either on scientific or practical level has not been achieved. This is mostly significant in cases where the damage was caused by a criminal offense. Recent decisions of national courts and Court of Justice of European Union leads to non-appliance of the privileged limitation period towards the motor third party liability insurer. It seems to be justified having in mind that longer period of legal limitation is prescribed as some kind of punishment against its offender. Appliying of the same period towards the insurer, infriges the fair balance between the parties, and lets the insurer mandatory to make the objections and prove the facts that are difficult to be proven due to passing of the time. The another doubtful question is determination of legal limitation for subrogation claims. Since the source of obligation in those cases is compensation of damage, and not the payment for another person, the only fair solution is the appliance of the same legal limitation period for both the insurer and the policyholder, or the claimant, to the third party liability insurer. National legislations of EU member states contain completely different legal limitation periods so it causes the legal uncertainity, especially in cross-border cases. That was the reason why the EU legislator started with procedure of harmonization of the rules on linitation, with intention of enacting of a new Directive on common limitation periods for cross-border road traffic accidents. By taking of the legislation initiative on EU level, the higher level of protection of the cross-border accident victims would be achieved. However, only if national legislators would, Legal Limitation Periods for Compensation of Damage from Motor Third Party Liability Insurance by implementation of the Directive and its proposed term for limitation of 4 years, prescribe the same term for domestic traffic accidents victims, the desired consensus would finally be achieved. At the same time, the costs occured due to the lack of harmonization would be avoided.

Intelligent connected mobility 4.0: Regulatory concepts

2022 ◽  
pp. 1023263X2110614
Author(s):  
Olga Shevchenko
Keyword(s):  
European Union ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Technological Development ◽  
Connected Vehicles ◽  
Market Penetration ◽  
The European Union ◽  
Cross Border ◽  
Legal Concepts

The last decade reflects undeniable rapid growth in intelligent connected mobility in the European Union and internationally. Whereas automotive producers united forces to address the projected technical difficulties vis-à-vis the deployment of Intelligent Connected Vehicles through coordinated efforts and partnerships, academia is committed to clarifying fundamental new regulatory concepts to reveal potential and foreseeable legal inconsistencies in such technological development. The lack of a determination of the fundamental legal concepts or the vague and ambiguous determination of essential regulatory concepts creates overall legal uncertainty and is considered an obstacle to ensuring the smooth market penetration of Intelligent Connected Vehicles in the European Union. This article claims its contribution to existing literature by integrating further unambiguous and specific regulatory concepts in the context of the regulation of Intelligent Connected Vehicles. This article addresses: (i) the prerequisites for uniform Intelligent Connected Vehicles’ fundamental regulatory concepts based on complex retrospective analysis vis-à-vis road traffic accidents involving conventional vehicles and (ii) the prototype of regulatory concepts that need to be established and accurately distinguished for intelligent connected mobility 4.0, with the cross-border element at the European Union level.

scholarly journals Meeting liberalization of motor liability insurance premium in Serbia

2020 ◽  
Vol 36 (4) ◽  
pp. 44-77
Author(s):  
Jelena Doganjić ◽  
Živorad Ristić
Keyword(s):  
Traffic Safety ◽  
Traffic Accidents ◽  
Insurance Premium ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
Previous Period ◽  
Insurance Premiums ◽  
Degree Of Risk ◽  
Definition Of

Free definition of motor third party liability insurance tariffs leads to individual statement of premiums in agreement with the degree of risk the insured are exposed to i.e. their behaviour in the previous period. Using the experience of neighbouring countries, which have introduced a system of liberalization of motor third party liability insurance premiums, with prior quality preparation, Serbia could establish the liberalization of motor third party liability insurance premiums which could significantly contribute to insurance market advancement. This can also affect the behaviour of drivers, whereby we would raise the level of traffic safety and reduce the consequences and damages caused by traffic accidents.

Deliberate causing a catastrophe or its direct danger in road traffic. Controversy as regards the legal qualification of the crime

2017 ◽  
Vol 297 ◽  
pp. 79-86
Author(s):  
Kazimierz J. Pawelec ◽  
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Terrorist Attack ◽  
The Other ◽  
Road User ◽  
Criminal Prosecution ◽  
Controversial Issues ◽  
Criminal Offense ◽  
The Subject ◽  
Polish Law

Causing a catastrophe in road traffic or the direct danger of its occurrence by deliberate misconduct has been a subject of disputes in both judicature and in science. In principle it was excluded that such a catastrophe or its immediate danger might be committed purposefully, with a direct intent, unless it involved a criminal offense, such as a terrorist attack that might consist in a multiple manslaughter, diversion or sabotage. On the other hand, committing the said offenses intentionally, but just with a prospective intent, consisting essentially in the ability of anticipation of the outcome and consenting to it in practice, occurred rarely and has not been excluded but conditioned by occurrence a few factual circumstances that required conducting a reasoning process. This problem is discussed in the hereby article, which presents difficult and controversial issues, occurring not only in the Polish law. It presents the basic issues in the process of recognising the statutory signs of the crime of causing a catastrophe and its immediate danger, the subject matter of the identified offenses, their subject party and the coincidences of the law. It signals the existence of numerous difficulties of evidential nature with regard to determining guilt of a perpetrator who is not always a road user, even though linked with it indirectly. These considerations may be particularly useful for practitioners dealing with such types of crime, including criminal prosecution of traffic accidents.

scholarly journals Methods for Investigating Road Traffic Accidents Using Modern Automated Means

2019 ◽  
Vol 18 (3) ◽  
pp. 256-264
Author(s):  
O. V. Saraiev ◽  
S. V. Danez
Keyword(s):  
Road Traffic Accident ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Video Image ◽  
Vehicle Speed ◽  
Road Traffic Accidents ◽  
Reconstruction Process ◽  
Vehicle Movement

The paper presents investigation methods which are aimed at increasing an accuracy in determination of parameters for movement of vehicles in the reconstruction process of road traffic accidents. The problems with a target to improve a method for calculation of vehicle movement speed and location coordinates at different time moments have been solved in the paper. In order to determine more accurately nature of vehicle damage and their location on carriageway, a laser scanning method has been applied which makes it possible to reduce an error while determining dimensions and distances, and to shorten time for an inspection of the road traffic accident place. The presence of a scanned image in three-dimensional form allows more accurately to simulate nature and angle concerning approach of vehicles prior to a collision. A methodological support for determination of vehicle movement parameters has been developed on the basis of the recorded data from driving video recorders (DVRs). It has been established that an error in measuring a speed of movement for vehicles will depend on quality of a video image, length of the investigated area and range of possible speeds. A relative error will be the higher, the smaller we have vehicle speed range and length of the investigated section. A mathematical model of vehicle speed change in a differential form has been compiled and solved in the paper. The model allows to calculate a speed of motion at different time moments with respect to recording from driving video recorders. In addition, the developed methodology permits more accurately to determine coordinates of vehicle location on a photoand video image. This is especially important while determining places of pedestrian-road accident or vehicle collision location of the collision or the place of collision with regard to the edge of carriageway. Unlike subjective research methods when initial data for carrying out auto-technical investigations are established by interviewing witnesses and the accused, the proposed methods make it possible to permit reconstruction of a road traffic accident exclusively by objective methods with the help of automated technical means.

scholarly journals METHOD OF COMPILING AND USING THE VEHICLES HISTORY AT THEIR TECHNICAL CONDITION STUDY IN THE TASKS IN DETERMINING THE FAILURE CAUSES OF THE UNITS AND ASSEMBLIES

2020 ◽  
pp. 594-605
Author(s):  
А. Khrulev
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Technical Condition ◽  
Road Traffic Accidents ◽  
Simple Method ◽  
Warranty Period ◽  
The Past ◽  
History Of

The article examines the expertise field of the technical condition study of the vehicles that are not related to road traffic accidents, but refer to the settlement of the disputes with the claims regarding the quality of a sold vehicle during its warranty period, as well as the quality of its maintenance and repair. It is noted that the occurrence of a failure existing at the time of the expert’s study may be associated with various events in the history of the vehicle. It is shown that the fault cause investigated by the expert can be actually located in one of the past events, and such events together make up the vehicle history, if they are arranged according to the chronology of the dates and / or run (running time) of the vehicle. A simple method for compiling and analyzing the vehicle history was proposed, which allows one to establish the fault causes of units and assemblies that are difficult or impossible to identify by other methods. By a typical example all the stages of compiling a vehicle history table was shown from the analysis of all the available documents and information up to analyzing the characteristic events and their symptoms in the history. This means the inclusion of all identified events in the history table, the allocation of characteristic events and their corresponding symptoms in the history, which can indicate the initial damage to the studied unit, the development of the damage or another characteristic event that is important for determination of the fault cause. According to the results of the study, it was concluded that the analysis of the vehicle history is one of the possible ways to determine the fault cause of the complex units and assemblies. The developed simple method for compiling and analyzing the vehicle history table makes it possible to establish the fault causes that are difficult or impossible to identify by other methods. Using the proposed method in practice has shown its effectiveness in solving the expert tasks related to the technical condition study of the vehicles when considering disputes in connection with the claims to the quality of the vehicles or their repair.

scholarly journals Determination of the types of road accidents at roundabouts

2021 ◽  
Vol 341 ◽  
pp. 00059
Author(s):  
Vladimir Rassokha ◽  
Nikolai Nikitin ◽  
Yulia Savina
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Road Traffic Accidents ◽  
Road Accidents ◽  
Road Users ◽  
Vulnerable Road Users ◽  
Crash Types ◽  
The Impact ◽  
The Relationship

The main purpose of this study was to identify and analyze the prevailing types of accidents at roundabouts. The relationship was revealed between certain types of accidents, the place of their occurrence, and the configuration of the roundabout. The study analyzed 321 accidents at 19 ring intersections. Four predominant crash types were identified: rear-end collision, collision with vulnerable road users, side swipe collision, and entering circulate collision. The greatest number of accidents occurred at the weaving lane and at the entrances and exits of the roundabout. Dividing the ring intersections into separate sections to determine the location of the accident allows drawing conclusions on the nature of road traffic accidents and the impact of the roundabout design on safety.

scholarly journals Surgical approaches in the treatment of patients with acute acetabular fractures

2021 ◽  
Vol 27 (5) ◽  
pp. 610-619
Author(s):  
N.V. Zagorodny ◽  
◽  
A.I. Kolesnik ◽  
A.F. Lazarev ◽  
E.I. Solod ◽  
...  
Keyword(s):  
Surgical Treatment ◽  
Blood Loss ◽  
Open Reduction ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Surgical Approaches ◽  
Acetabular Fractures ◽  
Online Library

Abstract. Introduction According to the overwhelming majority of Russian and foreign authors, orthopedic traumatologists have been striving to improve the results of surgical treatment of acetabular (AC) fractures over the past decades. First of all, this is due to an increase in the number and severity of this injury, persisting complications and dissatisfaction of researchers with their own results of surgical treatment. Purpose Study of the rationale used by traumatologists for certain surgical approaches in the treatment of acute acetabular fractures. Materials and methods Literature sources were searched for information in the systems and databases Pubmed, Embase, Scopus, Medline, Cochran Library, eLibrary, Wiley Online Library using the keywords: acetabular fractures, surgical treatment, acetabular approach, open reduction and fixation of acetabular fractures, duration and blood loss, hip arthroplasty. Results The incidence of AC fractures, according to different authors, ranges from 2 to 23.4 %. The cause of this injury is road traffic accidents in up to 83 % of all cases. A significant increase in the number of AC fractures was noted. AC fractures in the vast majority of cases are classified according to AO/ASIF. Displaced AC fractures and multiplanar fractures are subject to surgical treatment. Open reduction and internal fixation still remain the standard treatment for AC fractures. The choice of the surgical approach is carried out more often taking into account the classification of AC fractures, and the type of fracture dictates the choice of approach to the acetabulum. It was found that the authors are forced to use surgical approaches taking into account the fractures of the AC columns. Discussion Adherence of traumatologists to the standards regarding indications for the choice of surgical approaches for complex AC fractures was noted. Surgical approaches for the treatment of two-column acetabular fractures are still often extended and traumatic, prolonged and accompanied by blood loss. Conclusion In the surgical treatment of pelvic and AC fractures, most authors adhere to standards in the choice of approach and fixation of columns and AC fragments. There is unanimity in the recognition of the trauma and "expansion" of the approaches used, accompanied by blood loss reaching up to 2000 ml and more, and the duration of the operation is on average 3 hours 50 minutes. For the surgical treatment of acute AC fractures, the researchers used both classical and modified anterior and posterior surgical approaches with the obligatory consideration of the classification of AC fractures. The rationale for choosing an operative approach, as a rule, was the determination of the type of AC fracture according to the AO/ASIF classification. The most effective approach in the surgical treatment of AC fractures is the combined anterior and posterior approach.

scholarly journals Appointment of a Proper Defendant in Cases Over Insurance Indemnity Under Third Party Liability Insurance Contract

2019 ◽  
pp. 61-68
Author(s):  
Olga Aleksandrovna Egorova
Keyword(s):  
Road Traffic ◽  
Practical Importance ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Final Decision ◽  
Federal Law ◽  
Judicial Process ◽  
Traffic Incident ◽  
The Relationship

In this article Egorova analyzes questions that relate to the process of appointment of participants in a judicial process resulting from third party liability insurance contract made by vehicle owners who may act as an obligator on the side of the defendant. The importance of apointing a proper defendant is caused by the fact that these are unique cases that require a different court procedure, thus, the relationship between parties that existed prior the trial may significantly affect the final decision of the court. The research is based on theoretical and comparative analysis of the provisions of the Federal Law No. 40 of April 25, 2002 'Concerning Compulsory Civil Insurance of Owners of Means of Transport' that set forth several ways of compensation of harm as a result of road traffic incident, each way has its own proper defendant. The results of the theoretical analysis allow to describe a range of potential proper defendants nunder third party liability insurance contract. This proves the importance of the issue raised by the author of the article. The practical importance of the research is proved by the author through analyzing procedural competences of court and what defendants may be involved in the dispute.     

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