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?

7 April 1965.

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

The Act Amending the Compulsory Insurance in Traffic Act (MTPL Insurance included) was passed on 12/6/2007 and entered into force on 27/6/2007.

Question N° 2

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

All motor vehicles for transport of persons and goods and trailers which, according to registration regulations, have a traffic licence.

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

Motor vehicles running on rails.

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		Miscellaneous
	Per accident (regardless the number of injured parties)		Per accident (regardless the number of injured parties)		With effect from
					All	2.500.000 €		500.000 €		27/06/08 to 31/12/08
All	3.700.000 €		750.000 €		01/01/09 to 31/12/11
All	5.000.000 €		1.000.000 €		01/01/12

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?

The driver of a vehicle which caused the damage. The owner, policyholder, co-owner and joint owner of the vehicle, which caused the damage in respect of damage to property.

Question N° 7

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

The Insurer is permitted to reject a Third Party Claim if the Injured Party suffered the damage due to:
- the use of the vehicle during sports events which obtained official authorisations and where it is important to achieve the maximum speed, or during training rides;
- the action of nuclear energy generated during a transport of nuclear material;
- military operations, revolts or terrorist attacks, where the insurance company shall be obliged to prove that the damage has been caused by such event.

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?

The Insurer and/or Bureau is required to:
- make a reasoned offer of compensation to a claimant in cases where liability and the amount of damages is not contested
or
- provide a reasoned reply in cases where liability is contested or the amount of claim has not been clearly determined within 3 months of the date the claim was presented.

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

If the Insurer and/or Bureau fails to make a reasoned offer or reply within 3 months, the claimant may file an action against the Insurer /Bureau.
Additionally, the following sanctions are prescribed by Law:
- Financial penalties against the Insurer/Bureau and the person responsible within the insurance company/Bureau;
- The Agency for Insurance Supervision may impose also other measures of supervision against the Insurer/Bureau.

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5.
Are there any similar stipulations for provisional payments?

Yes, the same rules apply also for provisional payments.

Question N° 11

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

3 years from ascertainment of damage and of the Defendant, but at the latest 5 years from the date of the accident.

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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.

• Interruption of the limitation period: acknowledgement of debtor, commencement of Court-process;
• Suspension of the limitation period: force majeure, in regard to claims between spouses, parents and children, during mobilisation etc.

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?

No.

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.

Slovenian Insurance Association
Guarantee Fund
Železna cesta 14
SI-1000 Ljubljana

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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?

Yes

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

Social security bodies, insurance undertakings: (Casco insurers for example). Other: all other organizations

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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?

Yes

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

Health, disability and pension insurance institutes, insurance companies and all other organizations, which have directly compensated the injured party, shall have no right to claim the compensation from the Guarantee Fund.

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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.

Only personal injury is covered except in cases where one of the claimants died or was severely injured and hospitalised at least for 5 days then also compensation for damage to property is covered with deductible of EUR 500 enforceable against the claimant.

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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.

Personal injury is considered significant when the claimant had dided in the accident or was severely injured and hospitalised at least for 5 days.

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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.

3 years from ascertainment of damage and of the defendant, but at the latest 5 years from the date of the accident.

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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 party that claimant approched first with his/her claim.

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?

Yes

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

In case of bankruptcy of the insurer.

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.

Slovenian Insurance Association
Compensation Body
Železna cesta 14
SI-1000 Ljubljana

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?

Yes

Question N° 5

If the compensation is subsidiary, which entities are excluded?

Social security bodies, insurance undertakings

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?

Yes

Question N° 7

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

Health, disability and pension insurance institutes, insurance companies and other organizations, which have directly compensated the injured party, shall have no right to claim the compensation from the Compensation body.

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?

No, but The Compulsory Insurance in Traffic Law is not completely clear so at the moment there are some court proceedings pending and we are waiting for first court decisions, which will have a big influence on this question in the future.

Question N° 9

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

The court? - NO, but The Compulsory Insurance in Traffic Law is not completely clear so at the moment there are some court proceedings pending and we are waiting for first court decisions, which will have a big influence on this question in the future.