Direct Actions against Insurers of Intra-Community Cross-Border Traffic Accidents: Rome II and the Motor Insurance Directives

2012 ◽  
Vol 8 (2) ◽  
pp. 297-321
Author(s):  
Jenny Papettas
Keyword(s):  
Traffic Accidents ◽  
Cross Border ◽  
Motor Insurance

scholarly journals Premium Rates in the German Motor Insurance Business

1963 ◽  
Vol 3 (1) ◽  
pp. 13-19 ◽  
Author(s):  
Johannes Mehring
Keyword(s):  
Price Competition ◽  
Traffic Accidents ◽  
Transitional Period ◽  
Insurance Company ◽  
Free Competition ◽  
The Third ◽  
Third Phase ◽  
Motor Insurance ◽  
Insurance Business ◽  
Set Up

In his report to the XVIth International Congress of Actuaries in Brussels [5] in 1960 the author has given a survey of the German Motor Insurance Business and in this it was mentioned that a change might be expected from the flat-tariff prescribed by law into individual tariffs for every insurance company. The Federal Ministry of Economics decided this question at the end of 1959 by signing the price regulation PR 15/59 [I] The federal price-fixing treaty had thus come to an end after several decades.Three steps are planned for the transitional period: For the years i960 and 1961 the flat-tariff remained in existence; free competition was introduced by providing for a return of premiums from technical surplus. At the beginning of 1962 the second phase of liberalisation began: Between 1962–1965 each insurance company has to compute its own tariff which has to be approved by the Federal Ministry of Economics. No deviations are permitted from the approved tariffs. Nobody can tell yet what the third phase in 1966 will bring.At the time the price-fixing agreements were cancelled it was unanimously agreed that proper competition should be maintained and that ruinous price competition which would harm the interests of victims of traffic accidents must be avoided [4]. Trusts or tariff rings were not taken into consideration. However, some market regulations were set up by co-operation between the different parties.The benefits (insurance conditions) are the same for all insurance enterprises. Also there are only few alternatives in the tariff conditions.

scholarly journals DIRECT ACTIONS AGAINST INSURERS IN CROSS-BORDER TRAFFIC ACCIDENTS IN AN EUROPEANISED PRIVATE INTERNATIONAL LAW – WHAT PROTECTION FOR THE INJURED PARTIES?

2020 ◽  
Vol 36 (3-4) ◽  
pp. 137-166
Author(s):  
Klea Vyshka
Keyword(s):  
Member State ◽  
International Law ◽  
Traffic Accidents ◽  
Third Parties ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Cross Border ◽  
The Reformation ◽  
Liberal Approach ◽  
The Relationship

This article offers a discussion of the law applicable to cross-border traffic accidents, from the perspective of the protection of injured parties. The introduction of principles like direct actions against insurers by injured third parties (forum actoris), mostly because of CJEU’s liberal approach, puts into question the relationship between European private international law and national Member State rules of conflict-of-laws. This article aims to propose an answer to the question “Does the European private international law set of rules offer an adequate protection for the injured parties?” with the view of offering also a few recommendations for the reformation of the Rome II Regulation.

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.

Event Data Recorder (EDR) systems in the context of claims adjustment in motor insurance. A case of Poland

2019 ◽  
Vol 4 (101) ◽  
pp. 33-47
Author(s):  
Michał Ziemiak
Keyword(s):  
Traffic Accidents ◽  
Relevant Information ◽  
Event Data ◽  
Marginal Benefit ◽  
Privacy Concerns ◽  
The People ◽  
Data Ownership ◽  
Motor Insurance ◽  
Premium Calculation ◽  
Air Bag

The aim of this paper is to present relevant information on EDR (Event Data Recorder) as well as to analyse how EDR systems may be applied within the process of claims adjustment in the Polish motor insurance. Although, neither Polish nor European legislation directly refers to the said systems, their significance is continuously growing. The discussed systems are currently applied within the majority of the newly sold vehicles in Poland. Brand new versions of those systems allow identifying some key circumstances and factors of traffic accidents such as the exact place of an accident, velocity of the vehicle, a number of the people involved or a number of explosions of car air-bag inflators. However, it should be noted that originally the EDR systems primarily were to improve a level of driving safely while the identification of traffic accidents causes was only an additional and marginal benefit. In other words, a question should be posed whether it is admissible under the relevant law regulations that the data recorded in the system may in advance determine a cause of an accident. Other doubts which may result from the EDR are privacy concerns and data ownership as well as the use of the EDR systems within a process of detecting potential fraud or offences related to claims adjustment. For obvious limitation of time and space, premium calculation fells outside the scope of this paper as this particular issue requires separate and detailed considerations.

A Victim of a Road Traffic Accident not Fastened by a Seat Belt and Contributory Negligence in the EU Motor Insurance Law

2014 ◽  
Vol 5 (1) ◽  
pp. 115-123 ◽  
Author(s):  
Vadim Mantrov
Keyword(s):  
European Union ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Road Traffic ◽  
Seat Belt ◽  
Civil Liability ◽  
The European Union ◽  
Insurance Law ◽  
Contributory Negligence ◽  
Motor Insurance

This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the European Union law, its regulation falls within the national law. Yet, application of the national civil liability law shall not undermine the obligation to provide insurance coverage for victims of road traffic accidents. The discussed case concerns a situation when a victim who was not fastened by a seat belt at the moment of a motor traffic accident was injured, and this raises a question whether such victim may be compensated due to contributory negligence. This note provides a brief summary of the previous case law, facts, review of Advocate's General Opinion and the judgment and their analysis.

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.

Management of Mass Casualties from Traffic Accidents in China

2002 ◽  
Vol 17 (S2) ◽  
pp. S9-S10
Author(s):  
Zhang Hong-Qi ◽  
Zhang Yu-Zhen
Keyword(s):  
Traffic Accidents ◽  
Mass Casualties

Traffic accidents related to sleep apnea

2000 ◽  
Vol 57 (7) ◽  
pp. 435-438 ◽  
Author(s):  
Laube ◽  
Bloch
Keyword(s):  
Sleep Apnea ◽  
Traffic Accidents ◽  
Obstruktive Schlafapnoe

Einnicken am Steuer ist eine häufige und verhütbare, aber bisher noch zu wenig beachtete Ursache von Verkehrsunfällen. Eine Hypersomnie mit unfreiwilligem Einschlafen am Steuer in gefährlichen Situationen wird durch akuten oder chronischen Schlafmangel, durch die Schlafqualität beeinträchtigendes Verhalten und krankhafte Schlafstörungen begünstigt. Eine häufige Erkrankung, die sich typischerweise mit vermehrter Einschlafneigung manifestiert, ist das obstruktive Schlafapnoe Syndrom. Betroffene Patienten haben ein deutlich erhöhtes Risiko für Unfälle im Straßenverkehr. Die Früherkennung, Abklärung und Behandlung betroffener Fahrzeuglenker sowie eine gezielte Aufklärung der Öffentlichkeit über das Risiko des Einnickens am Steuer können wesentlich zur Verhütung solcher Unfälle beitragen.

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