News

Coris News - January 2009

This month we are looking at Germany.

Germany's capital city is Berlin, with a population of 3,400,000 and a total population of 82,000,000. Germany was one of the six founding countries of the EU in 1951.

The Federal Republic of Germany is a federation of individual states. There are 16 "Bundesländer" which are federal states with their own government. They have their own regional constitutions which have to comply with the principles of a republican, democratic and social state governed by the rule of law as laid down in the Basic Law (Germany's federal constitution). This guarantees that all German people have the same rights, obligations and living conditions. Beyond that, the states are largely free to formulate their own constitutions. The principle of federalism is one of the inviolable principles of the constitution.

Minimum levels of insurance cover are as follows:

Personal Injury: €2.5 Million per person or €7.5 Million per accident
Material Damages: €1 Million per accident

Germany implemented the 5th Directive in November 2007. The unilateral agreement and the Internal Regulations are part of German Law.

Liability

Claims for compensation can arise from both liability based on negligence and from strict liability.

Limitation

The limitation period in Germany is 3 years.

Legal Costs

A contribution can be made towards legal fees.

Guarantee Fund

The Guarantee Fund compensates third party victims in the following case:

i) The fund covers personal injury when permanent impairment is involved, as well as the victim's losses (with an excess of €500.00) when the damage is caused by an untraced or uninsured driver. Vehicle damage is also covered.

General

The use of a hire car and loss of use can be claimed although there may be some deductions.

German Speed Limits

Cities/towns/villages - 50 km/h

Motorways (recommended limit) - 130 km/h

Motorways for buses - 80 km/h

Motorways for trailers or caravans - 80 km/hOn all other roads - 100 km/h

Vehicles with a trailer - 80 km/h

Vehicles over 2.8 tons - 80km/h

Vehicles over 7.5 tons or over 2.8 tons with a trailer -
60 km/h

European Parliament Rejects Mandatory Legal Expenses Insurance

With an overwhelming majority, the European Parliament has adopted a resolution relating to Motor Insurance in Europe . Rapporteur Nickolay Mladenov (EPP-ED/BG) concluded that consumers should not be obliged to subscribe to compulsory legal expenses insurance, but that this option should remain voluntary.

The EP did not accept the arguments in favour of compulsory legal expenses insurance. The EP followed the rapporteur Mladenov (Bulgaria) of the EPP who argued: "I am convinced that consumers should be offered information about existing voluntary legal expenses insurance schemes, but the choice should be theirs. The introduction of compulsory legal expenses insurance would have led to an increase in insurance premiums for consumers in many Member States.".
 
Malcolm Harbour MEP (UK), EPP-ED Speaker on Internal Market and Consumer Protection, said: "This report is the latest in a long line of campaign initiatives to improve consumer rights and to make car insurances more transparent in dealing with cross border incidents. Nickolay Mladenov from one of the newest member states is ideally placed to look at the extension of consumers' rights in the EU 27.

The European Parliament calls upon Member States to implement their obligations under the 4th Motor Insurance Directive and to improve the efficiency of existing tools through which victims of cross-border accidents can get adequate compensations for their claims.
Source: PEOPIL

CORIS ON THE MOVE

On Monday 16th February 2009 we will be moving from
150 Holborn, London to new premises as follows:

40 Holborn Viaduct
London EC1N 2PZ

All other contact details will remain the same.

UK 'WHIPLASH CAPITAL OF EUROPE'

Badly-fitted head restraints in cars and increased tailgating is
making the UK the whiplash capital of Europe, insurers
revealed today.
Claims for motor-accident whiplash injuries have risen by a
quarter in the last five years and are now costing nearly
£2 billion a year in compensation, the ABI (Association of
British Insurers) said.
The ABI said that every day nearly 1,200 people claim for
whiplash injuries and that measures needed to be taken
to reduce this figure.
The association also revealed:
- More than 430,000 people claimed for whiplash in 2007,
up by a quarter in the last five years.
- Treating whiplash injuries now costs the NHS approximately
£8 million a year in consultation fees.
The UK is the whiplash capital of Europe: 75% of motor
personal injury claims are for whiplash, compared to an
average of 40% throughout the rest of Europe.
Many drivers and passengers are at risk: 75% of drivers
are unaware how head restraints should be correctly positioned.

ABI director general Stephen Haddrill said: "Whiplash imposes unacceptable costs to individuals, businesses and the state. Insurers want to reduce whiplash, provide fast care and compensation and tackle fraudulent claims. But we cannot do this alone.
"We call on the Government, road safety groups, the medical and legal professions and other stakeholders to work with us on a campaign to reduce this problem."
Source : PA Business

Accident-free zone: The German town which
scrapped all traffic lights and road signs

If you find yourself crossing the road in the German town of Bohmte, near Hanover, look both ways - and then perhaps
check again.

It has scrapped all its traffic lights and road signs in a radical experiment designed to make the streets safer. The local council said the scheme was a complete success.
In the four weeks since the signs were ripped up, there has not been a single accident.

Officials wanted to test the theory that the 13,000 drivers who use the town every day would take extra care and show each other greater consideration if they were not told what to do.

Last May Bohmte banned traffic lights and warning signs, including those instructing drivers to give way or stop.
Only two rules remain - drivers cannot go above 30 mph, the German speed limit for city driving, and everyone has to yield to the right, regardless of whether it is a car, a bike or a mother with a pushchair.

Previously, there was at least one serious crash every week and scores of lesser 'fender-benders'. Peter Hilbricht, a police officer in charge of traffic planning, added that the main intersection generated about 50 accidents a year before the changes.

The EU has subsidised similar programmes in seven cities across Europe. Exhibition Road in London has been due to become a 'shared space' .

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