Green Card Bureau Compendium

Question N° 1

1.
What was the date of the original Law, which introduced Compulsory Third Party Motor Insurance and of its entry into force?

10th May 1929 in force 1st July 1929.

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2.
What is the date of the present Law and of its entry into force?

15th December 1975 in force 1st July 1976.

Question N° 2

1.
Which are the classes of motor vehicles for which insurance is compulsory?

All motor vehicles except Government vehicles.

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2.
Which are the classes of motor vehicles, if any, exempted from compulsory insurance?

No exceptions.

Question N° 3

Is the Law applicable to foreign visitors?

Yes.

Question N° 4

Does the Law apply in respect of liability for both personal injury and damage to property?

Yes.

Question N° 5

What is the minimum limit of liability required for the Personal Injury damage? State the minimum value of sum insured, date with effect from and please indicate whether the limit is per accident or per victim.

Type of vehicle	Personal injuries		Material damage
	Per accident
					All	300 million Swedish Crowns

 

Comment:

Maximum liability limits entitled to compensation under only one motor insurance policy for a single event. This limit is understood globally as being per event and including all personal injuries and material damages.

Question N° 6

1.
Does the Law require cover in respect of passengers carried in the vehicle?

Yes.

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2.
Is there any category of passenger excluded from this cover?

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Question N° 7

Under which conditions of the Policy is an Insurer permitted by Law to reject a Third Party Claim? Please specify.

Under no conditions.

Question N° 8

Is there a direct right of action by a Third Party against an Insurer?

Yes.

Question N° 9

Does a claimant resident in a foreign country have a direct right of action against the local Bureau or the Insurer representing the Bureau?

Yes.

Question N° 10

1.
Does the Law in your country require the Insurer and/or Bureau to make an offer of compensation to a claimant within a specified time?

Yes.

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2.
If yes, what is the nature of the damages to which the time-limit applies?

All damages.

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3.
What is the specific time-limit?

In principle, the insurance indemnity shall be paid not later than one month after the person entitled to the indemnity gave notice of the loss and provided such information as might reasonably be required of him.

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4.
Which are the other provisions of the Law in this respect? (for ex. sanctions)

Penal interest.

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5.
Are there any similar stipulations for provisional payments?

If it's clear that the person claiming indemnity is entitled, in any event, to a certain sum, that shall be paid immediately.

Question N° 11

1.
Is there a limitation period for legal proceedings against the Insured or the Insurer? If yes, please specify.

Commencement of Court-process within 3 years from the date upon which the victim obtained knowledge that the claim could be upheld, and in any case within 10 years from the earliest date upon which it could have been upheld.

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2.
Are there any provisions in the Law which allow for the suspension or extension of that limitation period? If yes, please specify.

Commencement of Court process.

Question N° 12

[Note: Questions addressed to non-EEA Bureaux only. For EEA Bureaux, see Section 2 & 3]

1.
Is there a Guarantee Fund in your Country?

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2.
If yes, what are the conditions and limits of intervention of the Guarantee Fund?

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3.
Are they applicable to non-residents whether they are the cause of, or victims of, accidents?

Question N° 13

Any other special features?

According to the Interest Act penalty interest is payable on the amount due for payment from the date falling thirty days after the injured Party lodged a claim for compensation and put forward such documentation that with regard to the circumstances of the accident can reasonably be requested. The interest amounts to discount rate + 8% or at present 10, 5% (2006).

Guarantee Fund Compendium

Question N° 1 - Unidentified or uninsured vehicles

1.
What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 2nd MID? Please specify.

Trafikförsäkringsföreningen
PO Box 24035
SE-104 50 Stockholm
Sweden

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2.
What is the legal nature of the organisation?

Private

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3.
On what legal basis is it authorised to carry out compensation?

Law

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4.
Is compensation by this body subsidiary?

No

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5.
If the compensation is subsidiary, which entities are excluded?

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6.
Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

No

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7.
If yes to question 1.6, what do these specific provisions consist of? Please specify briefly.

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8.
Are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was uninsured, excluded from the intervention of the body?

No

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9.
In the event of an accident caused by an unidentified vehicle, is the intervention of the body subject to specific provisions as regards the compensation of damage to property?

Yes

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10.
If yes to question 1.9, what are the specific provisions? Please specify briefly.

There is a legal excess of approx. 400 euro

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11.
If yes to question 1.9, what are the conditions provided for by your legislation so that the damage to property may be considered as significant? Please specify briefly.

There are no restrictions concerning the conditions for compensating property damage. This means that also damage to a parked vehicle can be compensated if it can be proved that it has been caused by an unidentified vehicle.

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12.
If the injured party is not a resident of an EEA Member State, can it benefit from the intervention of the body?

Yes

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13.
What periods of limitation are the demands for compensation addressed to the body subjected to? Please specify briefly.

The main rule is 3 years (from the point of time when the victim gained knowledge of his claim).

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14.
According to Directive 90/232/EEC, Article 4 “In the event of a dispute between the body referred to in Article 1 (4) of Directive 84/5/EEC and the civil liability insurer as to which must compensate the victim, the Member States shall take the appropriate measures so that one of these parties is designated to be responsible in the first instance for paying compensation to the victim without delay”. Which of these parties has been designated in your country to be responsible in the first instance for paying compensation to the victim in the event of a dispute between the body and the insurer responsible for civil liability as to which must compensate the victim? Please specify.

The Guarantee Fund (= Trafikförsäkringsföreningen)

Question N° 2 - Stolen vehicles or vehicles obtained by violence

1.
Has your Member State made use of this possibility?

No

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2.
If yes to question 2.1, what are the conditions provided in the event of compensation for damage to property? Please specify briefly.

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3.
If yes to question 2.1, are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was stolen, excluded from the intervention of the body?

Question N° 3 - Other cases of intervention by the body

1.
Do the legislation of your Member State provide for other situations where the injured party can claim compensation from the body after a road traffic accident?

No

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2.
If yes to question 3.1, what are these situations?

Compendium Compensation Body

Question N° 1

What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 4th MID? Please specify.

Trafikförsäkringsföreningen
PO Box 24035
SE-104 50 Stockholm
Sweden

Question N° 2

What is the legal nature of the organisation?

Private

Question N° 3

On what legal basis is it authorised to carry out compensation?

Law

Question N° 4

Is compensation by this body subsidiary?

No

Question N° 5

If the compensation is subsidiary, which entities are excluded?

Question N° 6

Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

No

Question N° 7

If yes to question 6, what do these specific provisions consist of? Please specify briefly.

Question N° 8

In your Member State, does the victim who has requested compensation to a Compensation Body following one of the situations stated in articles 6 and 7 of the 4th Directive have the possibility of filing an appeal against the decision made for him/her by this Body?

Yes

Question N° 9

If yes to question 8, this appeal must be brought to (the court, an administrative authority, etc.):

The chief rule is that the appeal must be brought to the court. In some types of cases it is however possible to ask an advisory board before the appeal is brought to the court. The advisory board gives an opinion on the claim. This opinion is only a recommendation and the case can be tried by a court if any of the parties is displeased with the recommendation.