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On 16 May 2000, the European Economic Community adopted the Fourth Motor Insurance Directive (also called Protection of Visitors Directive). According to this Directive, persons (visitors) who are victims of an accident while abroad can pursue their claims against the foreign motor insurer through the latter’s representative in their country of residence. The representative will settle the claims in accordance with the law of the country in which the accident occurred and as instructed by the foreign insurer.
All EU/EEA member states were obliged to implement this Directive by 20 January 2003. Switzerland has implemented this Directive independently. Hence, the Directive’s implementation in Switzerland does not have any impact in other countries. The exigence of reciprocity of art. 79e SVG has not yet been fulfilled (excepted towards Liechtenstein).
Separate civil law (protection of visitors) agreements had to be concluded with the competent bodies of the EEA member states in order to establish a reciprocal relationship with the insurers in these countries. With very few exceptions, nearly all the insurers in the European Economic Area have acceded to this agreement. Although the insurance companies are in principle free to decide whether, or not, they want to join the Protection of Visitors Agreements, the vast majority of them – almost without exception – have declared their accession to the agreements.
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These provisions generally apply to all accidents that have occurred after the entry into force of the Agreement. However, the insurance companies are free to apply the provisions to earlier accidents, as well.
The following agreements are in force since:
- 01.10.2003: A, D, L
- 01.01.2004: B, DK, E, FIN, N, NL, S
- 01.05.2004: CZ, EST, H, IRL, LV, PL, SK, SLO
- 15.10.2004: GR
- 01.01.2005: F
- 01.07.2005: IS, LT
- 01.01.2006: GB
- 30.03.2007: M
- 17.08.2007: RO
- 23.08.2007: BG
- 25.09.2007: CY
- 30.09.2008: HR
- 13.07.2009: P
- 01.01.2010: I
Implementation in Switzerland
In Switzerland, these provisions became effective for national accidents on 1 February 2003, with the necessary amendments to transport and road transport law, irrespective of any agreement with other countries.
The Information Centre of the NBI provides assistance in the settlement of claims
The NBI operates an Information Centre that assists victims of road accidents in finding the right addresses for the settlement of their claims. Persons residing in Switzerland can contact the Information Centre if they have been victims of an accident in Switzerland or in another European country (art. 79a SVG). The Information Centre will then give them the name and the address of the foreign insurer’s claims representative.
Time limit for claims settlement and Compensation Body
Pursuant to Art. 79c SVG, all third party claims arising from accidents have to be settled within a period of 3 months; or the insurer has to state the reasons, within this period, why the settlement of the claim is taking longer than anticipated. In this context, the insurers are obliged to respond specifically to the arguments put forward by injured parties. If insurers fail to comply with these provisions, they risk being deprived of their settlement authority. In this case, the NGF’s Compensation Body will settle the claim, with the proviso of a subsequent recourse against the insurer – plus interest on arrears and handling fees. However, the NBI can deprive insurers of their settlement authority only in the event of purely national claims; this means that the NBI cannot deprive a foreign insurer of its authority to settle claims.
