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The 4th
Directive was introduced to make it easier for those
injured in accidents whilst visiting another EU state to
receive compensation by:
-
Requiring
there to be an Information Centre who can identify the
insurer of the other party from the registration plate;
-
Allowing the
injured party a direct right of action against the
insurer;
-
Requiring
the insurer to nominate a representative in the injured
party’s own country who has sufficient powers to settle
the claim;
-
Ensuring
that there is a compensation body to pay the claim in
the event that the insurer cannot be identified or is
manifestly dilatory in settling a claim.
These measures
introduced by the directive compliment the arrangements of
the Green Card system which ensures the ready settlement
of claims in the injured party’s own country where the
other party comes from a different country.
So if I am
in an accident, what help can I get?
For seven years after the accident, you have the right to
request from either
-
the information centre in your home state, or
-
from the information centre where the other
party’s vehicle is based, or
-
from the information centre of the state in
which the accident occurred
the following information:
-
the
name and address of the insurer
-
the
number of the insurance policy
-
the
name and address of the insurer’s claims representative
in your home state
-
the
name and address of the registered keeper (in special
cases)
More information for UK victims can
be found by clicking below:
UK
Victims
More information for non-UK victims
can be found by clicking below:
Non-UK Victims
How long
will it take for an insurer to pay a claim?
Clearly this depends on the complexity of the individual
claim. However, the insurer of the party that caused the
accident or their claims representative is required to
make a reasoned response or offer within 3 months of the
claim being presented. This will be regulated, for UK
insurers, by the FSA. Moreover, interest will be payable
on any settlement unnecessarily delayed beyond 3 months.
What about
my privacy on the database?
The directive requires data protection to take precedence
over the implementation of the directive. MIB has
regular meetings with the Information Commissioner to
ensure that the Data Protection Act is complied with
fully. MIB will not disclose the personal details of
policyholders or registered keepers where the insurer has
been identified and is dealing with claim. Should a
vehicle not appear on the MID, MIB will consider whether an enquirer needs the
personal details of the registered keeper in order to
pursue a claim for compensation.
Contacts
The UK Information Centre is part of the MIB and can be
contacted on 0845 165 2800 or
information@mib.org.uk or by mail (see contact
page).
The Motor Insurers’ Bureau is approved as the UK’s
Compensation Body. Contact MIB by telephone: 01908-830001
or
www.mib.org.uk
The official version of the
Regulations can be viewed on the DfT website.
The full version of the
Fourth Directive (PDF)
can be viewed in the Official
Journal.
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