Strict liability and compensation

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Trevor Lynch
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1 Strict liability and compensation THEDANISH MODEL

2 Denmark in figures (2011) Population: App. 5.5 million Number of MTPL insurers: 72 Potential drivers age 18 70: App million Number of motor vehicles: App. 2.9 million Number of registered vehicles: App. 2.3 million Danish Motor Insurers' Bureau 2

App. 37 3.7 million Number of motor vehicles: App. 2.

3 1986: Introduction of strict liability in the Danish Road Traffic Act 101: "Any person in charge of a power driven vehicle shall be liable for any damage caused by such vehicle by a traffic accident or by an explosion or a fire arising from fuel feeding installations in the vehicle." Danish Motor Insurers' Bureau 3

by such vehicle by a traffic accident or by an explosion or a fire arising from

4 Before 1986: Presumption of fault = motorist must prove that accident was not due to own negligence 1st party liability insurance why not? Because one cannot be liable for oneself! Important tto note: t Strict liability is limited to personal injury caused by motorvehicles Danish Motor Insurers' Bureau 4

Because one cannot be liable for oneself!

5 Example of strict liability: Collision is unavoidable and results in personal injury for the driver. Colliding with another vehicle = compensation Colliding with a wall = no compensation Danish Motor Insurers' Bureau 5

Colliding with another vehicle = compensation Colliding

6 Vehicle A Vehicle B 100 % Fault 0 % Fault COMPENSATION COMPENSATION 100 % Personal injury 100 % Property damage 100 % Personal injury Danish Motor Insurers' Bureau 6

7 Vehicle A Vehicle B 50 % Fault 50 % Fault COMPENSATION Property damage50 % Personal injury 100 % COMPENSATION Property damage50 % Personal injury 100 % Danish Motor Insurers' Bureau 7

100 % 100 % 21 03 2011 Danish Motor Insurers'

8 Vehicle 100 % Fault cyclist 0 % Fault COMPENSATION COMPENSATION No compensation Property damage 100 % Personal injury 100 % Danish Motor Insurers' Bureau 8

9 Vehicle 0 % Fault cyclist 100 % Fault COMPENSATION COMPENSATION Property damage 100 % Personal injury 100 % Danish Motor Insurers' Bureau 9

10 Article 101(2) of the Danish Road Traffic Act "Damages or compensation for personal injury or for loss of supporter may be reduced or dispensed with in case of contributory intent on the part of the injured or killed person. In special cases, such damages or compensation may likewise be reduced or dispensed with in case of contributory gross negligence on the part of the injured or killed person. " Danish Motor Insurers' Bureau 10

11 If compensation is reduced, it will be by no more than 1/3 Examples: Gross negligence = reduction 1/3 (e.g. driving i under the influence of alcohol) Contributorytor intent = compensation is dispensed with (e.g. suicide attempt ) Burden of proof lies with liable insurer Danish Motor Insurers' Bureau 11

Contributorytor intent = compensation is dispensed with (e.g.

12 1980's : Implementation of the Danish Liability for Damages Act Purpose: To simplify and standardise compensation for personal injury Allowed insurers to handle the settlement of claims themselves Streamlined and sped up claims handling Outlines basis for compensation Danish Motor Insurers' Bureau 12

handle the settlement of claims themselves Streamlined and sped up claims

13 Pain and suffering: Granted as long as victim is unable to work or perform normal daily activities Daily tariff in 2011: DKK / EUR Permanent disability A fixed table of degrees Compensation is triggered at 5 % 2011: 100 % = DKK 766, / EUR 10, Reduction according to age Danish Motor Insurers' Bureau 13

50 Permanent disability A fixed table of degrees Compensation is triggered at 5 %

14 Loss of income Deduction of social benefits (such as sick pay) Loss of earning capacity Set in percentage Based on degree of lost ability to maintain job Compensation is triggered at 15 % Formula: (Yearly income x percentage) x Danish Motor Insurers' Bureau 14

ability to maintain job Compensation is triggered at 15 % Formula:

15 Example: Accident on 1 July 2011 Yearly income: DKK 310, / Victim is 35 years old EUR 41, Work is resumed on 18 November 2011 Permanent disability = 70 % Loss of earning capacity = 25 % Danish Motor Insurers' Bureau 15

00 Work is resumed on 18 November 2011 Permanent disability

16 Compensation Pain and suffering 1 July 18 November DKK = DKK 24, / EUR 3, Loss of income 1 July 18 November 2011 minus any social benefits = DKK 119, / EUR 15, Danish Motor Insurers' Bureau 16

00 Loss of income 1 July 18 November 2011 minus any social

17 Permanent disability 70 x DKK 7, = DKK 536, / EUR 71, Loss of earning capacity (310, x 25) x 10 = DKK 775, / EUR 103, Total compensation DKK 1,454, / EUR 195, Danish Motor Insurers' Bureau 17

00 x 25) x 10 = DKK 775,000.00 / EUR 103,937.

18 Compensation is paid in full once Complex cases are handled by the Danish Board of Industrial Injuries The board cooperates with medical experts within a wide range of medical fields Danish Motor Insurers' Bureau 18

board cooperates with medical experts within a wide

19 The board is specialised in evaluating the extent and degree of suffered injuries Any evaluation may be brought before the court by the victim i Settled claims may be reopened and reexamined upon request from the victim iti Danish Motor Insurers' Bureau 19

by the victim i Settled claims may be reopened and reexamined upon

20 QUESTIONS? THANK YOU FOR YOUR ATTENTION Danish Motor Insurers' Bureau 20

THE SWEDISH TRAFFIC DAMAGE ACT. A short introduction Warsaw 21 March 2011

THE SWEDISH TRAFFIC DAMAGE ACT A short introduction Warsaw 21 March 2011 Some background facts Sweden's first motorist's liability act was introduced in 1906. In 1916 the law was made more stringent. It