Motor claims in Germany - claims handling, regulations & trends in the light of the new legal regulations in Poland -
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1 Motor claims in Germany - claims handling, regulations & trends in the light of the new legal regulations in Poland - Polish Chamber of Insurance (PIU) Dr. Harald Neugebauer Head of Claims, Gothaer Insurance - Cologne May
2 Agenda 1 German Motor Insurance: Market-Overview 2 German Motor Insurance: Present Legal Regulations 3 German Motor Insurance: Trends and Challenges Chart 2 -PIU 14th may 2012
3 Market-Overview: premiums and claims Source: GDV, Statistical Yearbook Chart 3 -PIU 14th may 2012
4 Market-Overview: development of premiums Average premium in motor liability (MTPL) - inflation-adjusted, in EUR EUR Vears Source: GDV Chart 4 -PIU 14th may 2012
5 Market-Overview: premium income in comparison to # of vehicles # of vehicles Premiums in billion Source: GDV, E+S Re Chart 5 -PIU 14th may 2012
6 Market-Overview: technical results yearly result Incl. Run-off loss s reserves in % of premium income Source: GDV, E+S Re Chart 6 -PIU 14th may 2012
7 Market-Overview: loss ratios in motor insurance Source: GDV, Statistical Yearbook Chart 7 -PIU 14th may 2012
8 Market-Overview: claims frequency and average claims cost in motor liability average claims cost claims frequency (per vehicles Source: GDV, E+S Re Chart 8 -PIU 14th may 2012
9 Market-Overview: # of total vehicle theft claims and claims cost (in Mio EUR) Year of notification # of total theft claims Claims cost (in Mio EUR) Source: GDV Chart 9 -PIU 14th may 2012
10 Market-Overview: German Insurance Association (GDV) Chart 10 -PIU 14th may 2012
11 Agenda 1 German Motor Insurance: Market-Overview 2 German Motor Insurance: Present Legal Regulations 3 German Motor Insurance: Trends and Challenges Chart 11 -PIU 14th may 2012
12 Present Legal Regulations: guiding principle in motor liability Claimant Car owner/ Insured Insurer 1. Usually right of direct claim to the MTPL Insurer for the claimant ( 115 VVG) in case of an obligatory insurance, insolvency or unknown residence 2. Right of direct claim for the claimant to the car owner/driver, who has to hand over the claim to the insurer But: no Direct claim handling process in Germany (like in UK) That means, no claims-settlement in MTPL-Claims by the casco-insurer of the claimant (out of his casco policy) and compensation by the MTPL-Insurer of the author of damage afterwards Chart 12 -PIU 14th may 2012
13 Present Legal Regulations: types of liabilities / legal responsibilities First Principle: tortious liability or fault-based- liability ( Verschuldenshaftung ) the debitor is liable for any damage only when this has caused or contributed to a wrongful behaviour. wrongful behaviour means: deliberately or negligently or unlawful. Second Principle: absolute liability or strict liability in tort ( Gefährdungshaftung ) independent from wrongful behaviour liability based on the inside risk of the vehicle and follows from operating the vehicle - that means not only driving the vehicle! Exceptions: (1) accident by an act of god (2) if the vehicle is stolen but only if the owner has not offer culpable this drive Restitution in kind or money equivalent Chart 13 -PIU 14th may 2012
14 Present legal regulations: compensation in motor liability (MTPL) Property damage 1. Repair Cost imaginary: max. up to replacement amount (replacement value./. residual value) VAT only if accrued! concrete: up to 130% of replacement value (VAT incl.) 2. Rental Car (same type) or loss of use 3. Decrease in market value - calculated by an expert advice 4. Cost of claims expert (if accrued) 5. Cost of lawyer (if accrued) Bodily injury 1. Medical Expenses 2. Loss of earnings 3. Pain & Suffering 4. Housekeeping expenses 5. Livelihood expenses 6. Funeral expenses 7. Cost for rehabilitation/ reha-management 8. Residual Cost (added needs) Chart 14 -PIU 14th may 2012
15 Present Legal Regulations: compensation in motor casco (semi & full comprehensive) Property Damage 1. repair cost imaginary (cost estimated): max. up to replacement amount (replacement value./. residual value) VAT only if accrued concrete: replacement value under certain circumstances: original price compensation 24 months (full c.) theft 12 months (full comprehensive not incl. by semi comprehensive) 2. broken glass minimizing the cost by commitment with glass specialist (e.g. carglass) first repair - second replacement 3. Theft of car / theft of parts 4. special terms and conditions: garage commitment mandatory steering of customer for damages of car body and glass expanding coverages, e.g. for mobile navigation systems, bite of marten or bite of any animal and consequential damages (in full comprehensive) Chart 15 -PIU 14th may 2012
16 Present Legal Regulations: VAT added to cost estimated calculation? Law changed by a reform in replacement of vat tax in tort (relevant for MTPL and TPL) only if it has been accrued! Cost estimation based on a cost calculation by an claims expert or a body shop legal discussion about the parameters of cost-calculation, especially of the working hours rates ( free-market body shop vs. OEM body shop ) other regulations had been changed, e.g. compensation for pain and suffering also in case of the absolute liability Chart 16 -PIU 14th may 2012
17 Present legal regulations: reform of the german insurance contract law in 2008 Cancellation of make or break principle ( 100% or nothing ) basically relevant for motor casco Negligence: full-payment gross-negligence: depends on the weight of liability / fault Quota for gross negligence in the case of legal, subsequent conditions to the policy and gross negligence causing an insured loss Intent: complete release from obligation to pay Consequences Chart 17 -PIU 14th may Intensification of "risk consulting" for brokers: obligations of advice before signing the contract and during the contract period 2. Bazaar-Fighting about weights (in %)
18 Present legal regulations : residual value and internet-auctions for total damaged cars That means. Guiding principle of the german jurisdiction is: The claimant is the master of the situation 1. The claimant can sell the total damaged car by his own, based on residual offerings from the (his) claims expert ( 3 offers are sufficient) 2. The insurer can only prevent this, if he can offer a better binding offer as fast as possible Strategy 1. Fast Track processing for expertises to upload in online auction for wrecked cars (e.g. ) 2. Bring the claimant on hold - waiting for advice of the insurer 3. Fast Track processing for binding offer to the claimant Chart 18 -PIU 14th may 2012
19 Present legal regulations: rental car Right for the claimant to get a rental car, if the vehicle is not usable the claimant is set to like there was no accident Cost will payed, only if necessary and willingness of use ( needful requirement) average daily road performance, saved primary cost, duration of rental duty to minimise costs If there are several possibilities the economical way is to taken: the rental car is chosen which is the cheapest on the local market Two different kind of rates for rental-cars: 180% 100% standard- rate accidentrate Chart 19 -PIU 14th may 2012 Strategy 1. Special rates for direct procurement 2. Check of Invoices and stringent reduced payments
20 Agenda 1 German Motor Insurance: Market-Overview 2 German Motor Insurance: Present Legal Regulations 3 German Motor Insurance: Trends and Challenges Chart 20 -PIU 14th may 2012
21 Trends and Challenges: Overview constant or smooth decreasing claims frequency due to.. less milage per vehicle (second / third car, ) more active and passiv security devices/systems Smooth increasing average claims cost due to legal regulations and more customer oriented jurisdiction Ordinary inflation and superimposed inflation in bodily injury cases extension in coverages especially in motor casco Constant / smooth increasing benefits in active claims management Increasing electronic workflows, e.g. insurance certificate, vehicle admission and underwriting-internetplatforms Strategic challenges ecall-initiative of European Government Pay as you drive or UBI and flat rates for car+insurance Insurance Fraud increasing competition on claims service provider capacity Reserving-procedures and audits due to Solvency II regulations Chart 21 -PIU 14th may 2012
22 Trends and Challenges: ecall Adobe Acrobat Document 1. Europe-wide ecall service in electronic communication networks for the transmission of in-vehicle emergency calls based on improvement for post-accident road safety 3. Increasing development of add-on telematics services in connection to ecall Chart 22 -PIU 14th may 2012
23 Trends and Challenges: ecall Chart 23 -PIU 14th may 2012
24 Trends and Challenges: ecall Challenges: Safeguarding of free and fair competition Consumer choice and data protection Less possibilities for insurers to steer the customer in own body shop network Chart 24 -PIU 14th may 2012
25 Trends and Challenges: insurance fraud Chart 25 -PIU 14th may 2012
26 Trends and Challenges: insurance fraud Estimation of acts (very) not all respondents bad bad Theft/stealing in a shop false information to insurance false information in tax return fare dodging Chart 26 -PIU 14th may 2012
27 Trends and Challenges: insurance Fraud In the most classes the customers think the possibility to fool the insurance, is today higher than 10 years before Possibility of insurance fraud All respondents Chart 27 -PIU 14th may 2012
28 Chart 28 -PIU 14th may 2012 Thank you for your attention!
29 Backup Chart 29 -PIU 14th may 2012
30 Market-Overview: premium income, claims expenditure and claims ratio Chart 30 -PIU 14th may 2012 * German direct business 1 written gross premiums; without insurance premium tax 2 gross claims incurred for the accounting year 3 gross claims incurred for the accounting year as % of earned gross premiums Source: GDV
31 Market-Overview: main KPIs Chart 31 -PIU 14th may 2012
32 Market-Overview: average claims cost MTPL, full and semi comprehensive (in EUR) Chart 32 -PIU 14th may 2012
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