The insurer and the insured in motor insurance

Abstract

The aim of this thesis is to show the main principles which arise out of an insurance contract. Motor insurance has been the subject of debate since the corning into existence of motor vehicles. In the First Chapter of this work I will be analysing the principles of compulsory motor insurance both with regards to this principle as stemming out of the law as well as various case-law on the matter. Secondly I will also examine the relationship between the insurer and the insured on formation of the insurance contract. The insured is under the obligation to follow the conditions set out by the insurance policy. This procedure in the case of loss or damage caused to the insured vehicle will also be drawn up. Chapter Three will include an analysis on the procedure of the claim as well as an in-depth review of the principle of mandatory arbitration and the cases where the law specifies that it is obligatory in nature. Chapter Four will include an examination of the procedure to be followed in cases of uninsured and untraced drivers. It will be shown what type of protection is given to third party victims and the procedure to be followed in this category of incidents.

The final chapter gives an extensive look at the sphere of motor insurance under EU law. I will be examining both the Convention on Compulsory Insurance against Civil Liability in respect of Motor Vehicles as well as the Directives that have been issued by the Commission giving the main points in every one. These Directives compel all motor vehicles in the Community to be covered by compulsory third party insurance and ensuring the abolition of border checks on insurance so that vehicles can be driven as easily between Member States as within the same country. Moreover, they warranty a better protection to the victims of accidents, including those caused by unidentified or uninsured vehicles. In the concluding part of this thesis I will go over the legislative amendments that are in my opinion necessary in the law for a fuller protection of motor insurance cover.