ARTICLE
4 June 2018

European Commission Publishes Proposal For Amending The Motor Insurance Directive

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Arthur Cox

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The European Commission has published recommendations for important changes to be made to the Motor Insurance Directive which are included in the proposed text of the draft amending Directive.
European Union Insurance

The European Commission has published recommendations for important changes to be made to the Motor Insurance Directive which are included in the proposed text of the draft amending Directive. The changes cover areas such as:

  • Clarity on compensation scheme access where there is an insolvent or bankrupt insurer;
  • The creation of a standard template claims history statement for policyholders, which insurers will be required to take into account when determining premium and the introduction of measures to ensure non-discriminatory treatment of claims history by such insurers on the basis of policyholder nationality or residence;
  • Authorisation of technology-based checks on uninsured driving, provided that they do not impede free movement of goods;
  • New equal levels of minimum coverage across the EU; and
  • Clarifying the scope of the term ‘use of the vehicle’ in light of the Vnuk (C-162/13), Andrade (C-514/16) and Terreiro (C-334/16) rulings.

The text of the European Commission’s proposal is here.

The European Commission’s Q&A document on the suggested proposals is here.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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