Regulation of claims resulting from traffic accidents occurring in another Member State
1995/2078(INL)
Adopting the report by Mr Willy ROTHLEY (PSE, D) on the regulation of claims resulting from traffic accidents occurring in another Member State, the European Parliament called on the Commission to present a directive introducing regulations in all the Member States of the European Union which allowed the victim of a road traffic accident to make a claim directly against the civil liability insurer of the other party and, if necessary, to institute proceedings against it (right of direct action).
This directive would require Member States to ensure that:
- insurers trading on their territory appoint an agent in each of the other Member States.
These agents would be chosen and appointed at the discretion of the insurer (own agency, subsidiary, office issuing green cards, seconded insurer, claim settlement office, independent claim settlement agency). The agent would be authorized to settle claims caused by a vehicle in a Member State other than the state of origin of the victim, in the victim's language;
- insurers trading in a Member State provide an information agency which can give victims a list of agents in the other Member States at any given moment;
- insurers trading on their territory notify the information agencies in the other Member States of the names of their agents in those states.�