The International Insurance ForumIstanbul‘u ve Türkyie‘yi selamliyorum! Istanbul 05.03.2012
At the edge of the abyss
GC amounts (mill.Eur) Average damage 2010: Eur 2.000 Accidents 2010: around 380.000 Paid claims: 1,7 billion Eur Some high amounts paid in one case (mill. EUR)
Case example • A RO bus coming to Istanbul with passengers from SRB, H and UA has an accident in Bulgaria with a TR truck. We presume a common liability 50:50 of both drivers. • Where has to be compensated each damaged party, according to which law? • 2. What happens in the case the RO vehicle has no MTPL insurance? RO TR
Case example 3. What about the case the accident occured between a TR bus and a RO truck in Turkey? Or in Bulgaria? RO TR
https://e-justice.europa.eu/ • released in 2010 after 8 years of preparation • in 22 languages • partly not updated • „One day the Courts of all the member states of EU will apply the law of the same country to a given international case.“
I. The Green-Card System II. The VI Directive (IV)
Target: • Traffic victims should not be discriminated due to the fact that the damage was caused by a foreign vehicle. • Cross-border traffic on Europe‘s streets should be facilitated.
TargetThe visitor who suffers an accident in a foreign country must be able to make claims in the home country.
The regulation of claims according to the Green Card System Home country Foreign country Claimant Liable party Guarantee funds Correspondent MTPL insurer Green Card Bureau
The regulation of claims according to the VI DirectiveAccident in a country which is a member of the Green Card System Home country Foreign country Information centre Information centre Claimant Liable party Claims representative Court MTPL insurer Compensation body Compensation body
Thank you for your attention! Ionel D. Dima