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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?

01.06.1930


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

01.09.1994

Question N° 2 1.
Which are the classes of motor vehicles for which insurance is compulsory?

Generally all registered vehicles and trailers.


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

Vehicles owned by State Authorities.

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 victim Per accident Per victim Per accident

Motorcycles, motorised cycles, motor vehicles and trailers (except Omnibuses,

Omnibus-trailers and such lorries with provision for transport of more than 8 persons besides the driver)

 5.800.000 € 1.200.000 €

Omnibuses up to 19 places beside the driver and lorries with provision for transport of more than 8 persons beside the driver

 14.000.000 €

The sums insured are increased for each limited additional 5 places to

 .............................................................................................................................. 3 500 000€

Omnibuses trailers up to 10 places

 7.000.000 €

The sums insured are increased for each limited additional 5 places to

 .............................................................................................................................. 3 500 000€

 

Motor vehicles and Trailers which are destined for the transport of dangerous goods

and which actually carry dangerous goods.

 7.000.000€ 14.000.000€ 14.000.000€

Perte pécuniaire (

dommage matériel ou corporel

................70 000€

pertes directement ou indirectement consécutives à un) ..........

 

Applicable for accidents from 1.1.2012

 



Question N° 6 1.
Does the Law require cover in respect of passengers carried in the vehicle?

Yes.


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

No.

Question N° 7 Under which conditions of the Policy is an Insurer permitted by Law to reject a Third Party Claim? Please specify.

The claim of the Third Party can be rejected when the accident occurs 3 months after the Insurer has informed the licence authorities of the end of the insurance.

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, but only against the Bureau.

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?

No.


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

--


3.
What is the specific time-limit?

--


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

--


5.
Are there any similar stipulations for provisional payments?

No.

Question N° 11 1.
Is there a limitation period for legal proceedings against the Insured or the Insurer? If yes, please specify.

Claims to be prescribed within 3 years from the date of knowledge of the damage and the person causing the damage, which is normally the date of accident.


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

The limitation period is interrupted by a law-suit or acknowledgement of a claim.

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?




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




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.

Update : 28-02-2012

Archives
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.

Fachverband der Versicherungsunternehmungen, represented by Verband der Versicherungsunternehmen


2.
What is the legal nature of the organisation?

Private


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

Law


4.
Is compensation by this body subsidiary?

Yes


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

Social security bodies - Insurance undertakings: casko- and TPL insurer


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


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

The law regulating the obligations and rights of the Guarantee Fund stipulates a general right of recourse against the person reasonsible for the accident


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?

Yes


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


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

one person involved in the accident is significantly bodily injured


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.

he has suffered at least 24 days from the injuries.


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

Yes


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

3 years from accident


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

Question N° 2 - Stolen vehicles or vehicles obtained by violence 1.
Has your Member State made use of this possibility?

Yes


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

franchise of € 220,--


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?

Yes

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


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

damages by deliberately used vehicles and in the case of insolvency of a TPL insurer

Update : 30-08-2010

Archives
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.

Fachverband der Versicherungsunternehmungen, represented by Verband der Versicherungsunternehmen Österreichs

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.

only general right of recourse against the foreign 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?

Art.6 : No
Art.7: Yes

Question N° 9 If yes to question 8, this appeal must be brought to (the court, an administrative authority, etc.):

The court

Update : 00-00-0000

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