Motor vehicle liability insurance

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Insurance confirmation for a motor vehicle liability insurance contract on the windshield (Portugal)

A motor vehicle liability insurance , in Switzerland motor vehicle liability insurance , which (for vehicles) legal part of an auto insurance ( insurance ) that the compensation claims revealed to a third party by operation of a motor vehicle caused (negligence or strict liability ). The damage can be caused, for example, by a traffic accident in which the driver of a vehicle belonging to the insured person is to blame or for the consequences of which he is responsible regardless of fault. Motor vehicle liability insurance law is largely standardized in the European Union , but the statutory maximum amounts of compensation and the assumption of certain costs, e.g. for rental cars or experts, still differ considerably in the EU countries .

Legal basis

Motor vehicle damage law differs in some points from general damage compensation law, as it is not the driver but the vehicle that is insured.

As a rule, the driver who culpably caused an accident is liable for damages. By law (in Germany according to Section 7 of the Road Traffic Act ), not only the driver but also the owner is liable (see registration certificate ). Since a vehicle poses an operational hazard, there may be an obligation to pay compensation ( strict liability ) even through no fault of the driver (e.g. burst oil pan and accidents in other vehicles due to the oil trail ).

According to Section 1 of the Compulsory Insurance Act (PflVG), the vehicle owner is obliged to ensure appropriate insurance cover within the scope of the minimum amounts insured according to Section 4 of the  PflVG. Exceptions to this provision are  regulated in § 2 PflVG. In the case of motor vehicle liability insurance, there is an obligation to contract (in Germany according to § 5 PflVG) , i. H. the insurance company must generally, but only once, accept an application for motor vehicle liability insurance. Exceptions to this provision are regulated in Section 5 (4) PflVG. Further details, in particular the obligations that the insurer may agree to with the policyholders, are regulated in the Motor Vehicle Insurance Ordinance (KfzPflVV).

The following types of damage are covered by the motor vehicle liability insurance:

The motor vehicle liability insurance also replaces those claims that result from operational risk (strict strict liability ).

Another special feature is the regulatory power of attorney for motor vehicle liability insurance: it can also regulate damage against the will of the policyholder .

What is important for the injured party is that they can take out the motor vehicle liability insurance directly for monetary damages ( Section 115 (1) No. 1 VVG ). In this way, he avoids having to assert his claims against the driver or owner and, despite legal success, being left with nothing in the event of their insolvency. However, claims are usually made against the insurance company, the owner and the driver at the same time in legal disputes. There are procedural tactical reasons for this: For example, the defendant driver can no longer appear as a witness .

Contribution structure for cars

The insurance company is largely free in its contribution structure. There are significant price differences between insurance companies.

A so-called no - claims discount is credited to the contribution of the motor vehicle liability insurance . The SFR system (Austria: bonus-malus regulation ) reduces the insurance premium by up to 70% (in Austria by up to 50%) due to the damage-free process. In Austria, a surcharge of up to 200% on top of the normal premium is charged for particularly frequent claims. In Germany, one or more losses can result in a so-called damage class (see no- claims class and the damage class ). Claims-free years are abbreviated with "SF" in motor insurance contracts. If another vehicle is insured for the same policyholder, a second vehicle insurance with a cheaper SFR is used. However, most insurers make the better rating dependent on exclusive use by the policyholder and / or partner. Furthermore, there are also restrictions on the annual mileage or the age of the user.

The tariff characteristics are determined from statistical data:

  • Liability type class of the vehicle (frequency of damage and average amount of damage)
  • Fully comprehensive type class of the vehicle (repair costs of a specific vehicle model)
  • Partially comprehensive type class of the vehicle (damage frequency of e.g. part and total theft of a certain vehicle model and average amount of damage)
  • Regional class of the registration location (frequency of claims in a regionally limited area)

The deregulation of the German insurance market from 1994 onwards led to the use of numerous other features. The insurers sometimes differentiate beyond the data provided by the General Association of the German Insurance Industry (GDV) and / or on the basis of their own data or results from so-called data pools (analysis of statistical data made available by several insurers for evaluation).

Examples of so-called soft tariff criteria can be:

  • Age of the policyholder (VN) / driver
  • Period since the policyholder's and / or the driver's license was issued
  • Age of the vehicle upon admission to the policyholder, current value and / or new value of the vehicle e.g. B. in mobile homes
  • Regular parking space for the vehicle. In the meantime, this feature has been replaced by the tariff feature “owner-occupied residential property” by the insurers, as the so-called “data truth” can be better checked here
  • Policyholder Profession - Special tariffs for members of the public service
  • Annual mileage
  • Restriction to certain drivers or to the lowest or highest age
  • Children living in the household (as a rule, if younger than 16 years)
  • Entries in the register of fitness to drive in Flensburg (score)

Although the insurer is not exempt from the obligation to provide benefits if the policyholder provides incorrect information about the agreed "soft tariff features", contractual penalties up to the amount of the correct annual premium are usually provided.

In the case of commercial risks, the objective claims experience often plays a greater role. So here more often no "soft tariff criteria" are used. In the case of large vehicle fleets, the premium is usually only set based on the claims expenditure in previous years.

From around 2016, some insurers will have "telematics tariffs" in which the driver's behavior is technically recorded and included in the premium calculation.

Coverage

The sum insured denotes the maximum compensation from the motor vehicle liability insurance.

Current coverage amounts in Germany are:

  • The statutory minimum  amounts of cover according to § 4 PflVG (see annex to § 4 para. 2) amount to 7.5 million euros for personal injury, 1.22 million euros for property damage and 50,000 euros (as of 01.2018) for those who are neither directly nor indirectly involved with a Personal injury or property damage related pure financial loss.
  • 50 or 100 million euros lump sum for personal injury, property damage and pure pecuniary damage, whereby the compensation payment for personal injury per person is limited to 8 to 15 million euros depending on the insurer.

If the amount of damage exceeds the sum insured, the damaging party is basically liable for the difference.

The motor vehicle liability insurance is legally obliged to assume the costs of the injured party within the scope of the coverage. The insurer cannot invoke the exemption from performance in the event of gross negligence, but can recourse up to 5,000 euros per case from the driver in the case of drunk driving , unauthorized use or a runaway . In the event of intent , the insurer is exempt from payment, i.e. it does not have to assume any costs.

Compensation payments

In the event of property damage, the repair costs and any depreciation that varies depending on the amount of damage and the age of the vehicle will be reimbursed. In the event of total technical or economic losses , the replacement value minus the residual value will be replaced. In addition, if a rental vehicle is not used, the loss of use will be paid. Furthermore, possible re-registration and towing fees as well as a telephone flat rate can be claimed. The time spent by the injured party in handling the claim will not be reimbursed .

In the event of personal injury, rescue costs, medical costs and aids as well as rehabilitation expenses are covered. Under certain conditions, compensation for pain and suffering is also paid.

Financial losses, including, for example, loss of earnings, are also among the compensation benefits of motor vehicle liability insurance.

The highest case of damage in the history of motor vehicle liability insurance is an accident involving a train with a car broken down on the railway tracks in 2001 in Selby , England ; As a result, the train rammed an oncoming train, causing the equivalent of € 70 million in damage. The most expensive case in Germany is a traffic accident in 2004 in which a car crashed into a tanker on the federal motorway 4 , which then fell from the Wiehl valley bridge and severely damaged it by fire; the damage amounted to € 32 million. The amount of coverage in motor vehicle liability insurance that exceeds the statutory minimum coverage is usually (and a maximum) € 100 million for German insurers, and sometimes € 50 million for low-priced products. Most insurers only offer the statutory minimum coverage if they have to insure customers due to the obligation to contract.

Contract termination

Motor vehicle liability insurance contracts are usually annual contracts and are tacitly extended from year to year if neither of the contracting parties cancels.

The policyholder has several options for canceling the insurance. For example, the insurance contract can be revoked within 14 days of receipt of the documents without giving reasons. Otherwise, a distinction is made between ordinary termination at the end of the contract year, termination in the event of damage and termination due to a premium increase.

Reasons to terminate the contract:

  • Ordinary termination (by insurer / policyholder on expiry)
  • Elimination of the insured risk (vehicle is sold)
  • Decommissioning the vehicle (first retirement insurance / termination after 18 months)
  • Extraordinary termination by the insurer, for example as a result of non-payment of the premium or in the event of fraudulent misrepresentation on the part of the policyholder
  • Extraordinary termination by the policyholder in the event of premium increases (by the insurer or due to increases due to changes in the type and / or regional classes, provided that this results in an increase). In the event of a premium adjustment, the insurer is obliged to inform the policyholder about a premium comparison old / new one month before it becomes effective. The termination becomes effective at the point in time at which the premium increase also takes effect. The legal basis for this can be found in the Insurance Contract Act ( Section 40 VVG "Termination in the event of a premium increase").
  • Extraordinary termination in the event of damage: If the insurer has paid after the occurrence of the insured event or if it has wrongly refused its payment or if it has given the policyholder instructions to initiate a legal dispute over the claim of the third party, both sides can terminate the insurance relationship within one Extraordinary termination of the month ( § 111 VVG).
  • If the insurer wants to change its insurance conditions to the detriment of the policyholder, it must issue a so-called change notice.

There is no right of termination if the insurer increases the premium due to a change in the statutory provisions (e.g. increase in insurance tax) or in the case of premium increases by downgrading in the event of a claim.

Follow-up liability

The extended liability occurs after the termination of the actual motor vehicle liability insurance contract. So - at least in Germany - all liability insurers are obliged to be liable for up to one month in the event of a contract termination to the extent of the statutory minimum coverage, provided the injured party cannot obtain benefits from another damage insurer or social security provider. ( § 3  PflVG in conjunction with § 117  VVG).

After the extended liability period, compensation payments can only be made via the traffic victim assistance. This regulates according to §§ 12 ff. Compulsory Insurance Act u. a. Damage caused by the use of a motor vehicle that cannot be identified or that is not insured in breach of duty or that is caused intentionally and unlawfully with it. Property damage will only be reimbursed if significant personal injury has occurred at the same time.

There is no default coverage , as is known from private liability insurance, for damage caused in Germany.

Damage with foreign vehicles

(Green insurance card) In the EU and most other countries, motor vehicle liability insurance is a prerequisite for registering a motor vehicle on public roads. Accidents with vehicles from other countries can be difficult. For example, very low amounts of cover often apply abroad. Any difference that may arise from the compensation payments customary in Germany can be insured through additional coverage for international damage protection.

"Green card" issued by an Austrian insurance company

Whereas the services of a (foreign) lawyer used to be necessary to establish claims for damages with foreign insurance companies, these negotiations in the EU have been greatly simplified since 2003 by domestic regulatory bodies. In the event of accidents with foreign vehicles in Germany, the German Green Card Office arranges a German liability insurer who takes care of claims settlement on behalf of the foreign insurer.

When driving abroad, you usually need the green insurance card as proof of valid motor vehicle liability insurance. It is no longer mandatory in the EU states and in many other states (within the EU the so-called license plate agreement applies ). Carrying the international insurance card for motor traffic (also known as the green card ) with you can make claims processing much easier in the event of an accident. The driver of a vehicle should carry this with him in cross-border traffic as proof.

The origin is the UN Recommendation No. 5. This is the basis for the other agreements. The responsible organization is the Council of Bureaux, based in London. The original green card system had 13 states. The Green Card system is limited to Europe and the countries bordering the Mediterranean Sea. There are currently 46 countries in the system, including four non-European countries.

Some insurers combine liability insurance with so-called letters of protection, which bring additional services, as known from automobile clubs. These include breakdown assistance, towing services, overnight accommodation and return transport. A cover letter can also contain special international offers as well as spare parts deliveries.

Situation in individual countries

Basically, it should be noted that abroad you are also subject to the applicable regulations regarding motor vehicle insurance. Even within the EU there are still differences in the legal situation. For example, there are differences between the mandatory minimum coverage levels for motor vehicle insurance. It is therefore advisable to take out special insurance, the so-called Mallorca policy , especially when using a rental car abroad . If the amount of cover agreed for the rental vehicle is less than the amount required to settle a claim, you are personally liable for it. This policy is already included in many motor vehicle insurances taken out in Germany.

In some countries, including Portugal, Italy and Thailand, an abbreviated insurance certificate for a motor vehicle liability insurance contract must be affixed to the windshield of a car.

Germany

In the case of motor vehicles that cannot be identified or are not insured, a compensation fund from German car insurers helps in Germany. This also helps road victims in accidents abroad in the function of a compensation body according to the 4th Motor Vehicle Directive. The final settlement of the damage is then carried out on behalf of Verkehrsopferhilfe e. V., Hamburg, is carried out either by car liability insurers approved in Germany or by claims settlement offices on behalf of them.

For the settlement and settlement of claims with a foreign insurance company in Germany, the Deutsche Büro Grüne Karte e. V., based in Hamburg, is responsible. An EU directive has been in force since 2003 which requires that every insurance company in every EU country must appoint a representative to regulate claims.

Proof of insurance coverage when registering the vehicle and when changing insurance was provided by December 31, 2002 using the so-called double card , the design of which is defined in Appendix 1 of the Vehicle Registration Ordinance . From January 1, 2003 to February 29, 2008 proof of the so-called insurance confirmation card was provided. The double did not apply because a new partially electronic process was introduced. The registration offices reported the data electronically to the Federal Motor Transport Authority in Flensburg - Mürwik , which in turn informed the insurance companies electronically of the registration.

In Section 23 (3) FZV it was stipulated with effect from March 1, 2008 that the insurance confirmation must now also be transmitted electronically to the licensing authorities if the licensing authority has set up access for this. This electronic confirmation of insurance (eVB) represents a new, fully electronic procedure for approval from March 1, 2008. The last approval authority has now also set up a corresponding access; This ends the introductory phase of this procedure and a paper-based insurance confirmation is no longer permitted. Instead, the insurance companies deposit the data with a joint insurer's facility ( GDV ), which is then accessed by the registration offices. The policyholder receives a seven-digit VB number ( TAN ) from his insurer , which the licensing authority can use to confirm the promise of liability insurance cover by retrieving data from the insurer's collective facility.

In return, the insurance companies report the expiry of the insurance cover to the relevant authorities, which may then compulsorily deregister the vehicle or confirm that the deregistration has already taken place.

Namibia

In Namibia , a tax that is collected through the sale of fuel covers statutory liability for personal injury caused by motor vehicles. There are no further statutory provisions on motor vehicle liability insurance, especially not for property damage. The state Motor Vehicle Accident Fund is responsible for managing the fund .

Austria

In the case of cars and motorcycles , the amount of the premium is based on the engine power with the bonus malus system , for trucks and tractors on the maximum permissible total weight without bonus malus, as is the case with trailers . In addition, there are different discount levels for different population groups , which are handled differently by the insurers. There is a women's discount or a senior discount. Relatively new is a deductible for new drivers in the case of liability with some insurers . If the insurance of the other party in the accident is not known, it can also be queried online on the Internet using the license plate number .

In the event of accidents with foreign vehicles in Austria, the Association of Austrian Insurance Companies names a domestic partner insurance company that handles the damage in accordance with Austrian law. The same procedure applies to accidents involving vehicles that are not insured.

In general, the official license plate is valid as proof of vehicle insurance for motor vehicles and trailers.

The current minimum sum insured in liability insurance has been € 7,600,000 since January 1, 2017.

Spain

Up to January 1, 2008, Spain had very low statutory minimum amounts of cover in a Central European comparison of EUR 349,550 for personal injury per person and EUR 99,871 for property damage per claim. Therefore, it was often advised to take out so-called Mallorca policies , which, when renting a rental vehicle privately, increase the amount of cover, depending on the insurer, to the contractual amount of cover or the statutory minimum cover available in Germany.

Switzerland

In Switzerland, the minimum limit for liability insurance for motor vehicles is CHF 5 million (mopeds CHF 2 million). However, contracts with coverage of CHF 100 million are common.

Trivia

Motor vehicle liability insurance is the longest word that has been included in the Duden , with 36 letters without taking hyphens into account . In property and casualty insurance , motor vehicle insurance is the largest segment with 110 million contracts.

Web links

Individual evidence

  1. GDV: This is how age affects the motor vehicle insurance premium. Retrieved December 29, 2015 .
  2. heise online: Monitoring in the car: Telematics tariffs before the breakthrough. August 3, 2015, accessed September 13, 2017 .
  3. heise online: Mercedes-Benz-Bank starts car insurance with monitored driving behavior. September 12, 2017. Retrieved September 13, 2017 .
  4. http://www.test.de/Kfz-Versicherung-In-Deckung-1254526-2254526/
  5. § 8 right of withdrawal of the policyholder
  6. ↑ Right of termination by the policyholder
  7. - ( Memento of the original from January 1, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.verkehrsopferhilfe.de
  8. - ( Memento of the original from January 13, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.gruene-karte.de
  9. - ( Memento of the original from January 13, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.gruene-karte.de
  10. ^ Government Gazette. Republic of Namibia, December 28, 2007, no.3970.
  11. ^ Register of liability insurance for vehicles registered in Austria
  12. Kölner Stadt-Anzeiger from June 3, 2013
  13. Numbers and facts motor vehicle insurance . gdv.de. Retrieved February 17, 2016.