A4-0201/95

Resolution on the settlement of claims arising from traffic accidents occurring outside the claimant's country of origin

The European Parliament,

- having regard to the second paragraph of Article 138b of the EC Treaty,

- having regard to Rule 50 of its Rules of Procedure,

- having noted that a proposal comparable to this initiative is neither in preparation nor listed in the Annual Legislative Programme (Rule 50 of the Rules of Procedure),

- having regard to the Commission's Green Paper on consumer access to justice and the settlement of consumer disputes in the single market (COM(93)0576 of 16 November 1993),

- having regard to the three Council Directives on motor vehicle liability insurance ((Directive 72/166/EEC of 24 April 1972, OJ L 103, 2.5.1972, p. 1. Directive 84/5/EEC of 30 December 1984, OJ L 8, 11.1.1984, p. 17. Directive 223/90/EEC of 14 May 1990, OJ L 129, 19.5.1990, p. 33.)),

- having regard to the practice of the green card bureaux whereby settlement of an accident claim in the claimant's own country is ensured even if the other party to the accident is from another European country,

- having regard to the plans for an agreement to improve the protection of victims of traffic accidents in other European countries, under which the green card bureaux in the country in which the accident occurs will render assistance in identifying the insurer and the keeper of the vehicle and in procuring extracts from police records, intervene in the event of delays and provide information about the guarantee fund,

- having regard to the report of the Committee on Legal Affairs and Citizens' Rights and the opinion of the Committee on Transport and Tourism (A4- 0201/95),

A. whereas this agreement will not eliminate the difficulties experienced by accident victims bringing claims in another Member State against persons residing and insurers established in that country (foreign law, foreign language, unfamiliar settlement rules and frequently an unjustifiably lengthy wait),

B. whereas at least 90% of all accident claims are settled out of court,

C. whereas settling accident claims in accordance with the Member States' different legal rules on liability presents no problems for insurers, who are increasingly operating throughout the internal market,

D. whereas a satisfactory solution can be found only if the victim of an accident occurring outside his country of origin is able to bring a claim for damages against a duly authorized representative of the insurer of the other party to the accident established in his own Member State,

E. whereas existing insurance claims settlement practices can thus be retained,

F. whereas the substantive law applicable in actual cases will not then be changed or jurisdiction in the event of a court case affected,

G. whereas such a system nonetheless presupposes the right of an accident victim to bring a direct claim against the insurer of the other party to the accident,

H. whereas the insurers can themselves identify the duly authorized representative established in an accident victim's Member State who is responsible for the settlement of an accident claim,

I. whereas a Community legal act may, like the existing directives referred to above, be based on Article 100a of the EC Treaty,

1. Calls on the Commission to submit a proposal for a European Parliament and Council Directive requiring

- all Member States of the European Union to introduce an arrangement whereby the person suffering damage in a road accident may apply directly to the liability insurer of the other party to the accident and, if necessary, take legal proceedings against him ('direct claim'),

- the Member States to ensure by legislative or administrative means that every motor vehicle liability insurer operating in their territory - hereinafter referred to as 'insurer' - appoints a duly authorized permanent representative - the actual choice and appointment of whom must remain at the discretion of the individual insurer (for example a branch office, a subsidiary, another insurer operating there, a green card bureau, an association of insurers, a claims settlement bureau of the insurer or insurers, an independent claims settlement organization) in every other Member State and authorizes him to settle on behalf and for the account of the insurer any claims for damages caused by vehicles insured by the insurer outside the claimant's country of origin, using the official language of the claimant's country of origin,

- the Member States to ensure by the same means that insurers operating in their territory establish an information centre - the choice of the actual entity remaining at the discretion of the local insurers - able at any time to provide a claimant with the name of the duly authorized representative of any insurer operating in another Member State,

- the Member States to ensure by the same means that insurers operating in their territory inform the information centres in the other Member States of the duly authorized representatives they have appointed there;

2. Instructs its President to forward this resolution to the Council and Commission.