Strict liability and compensation THEDANISH MODEL
Denmark in figures (2011) Population: App. 5.5 million Number of MTPL insurers: 72 Potential drivers age 18 70: App. 37 3.7 million Number of motor vehicles: App. 2.9 million Number of registered vehicles: App. 2.3 million 21 03 2011 Danish Motor Insurers' Bureau 2
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." 21 03 2011 Danish Motor Insurers' Bureau 3
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 21 03 2011 Danish Motor Insurers' Bureau 4
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 21 03 2011 Danish Motor Insurers' Bureau 5
Vehicle A Vehicle B 100 % Fault 0 % Fault COMPENSATION COMPENSATION 100 % Personal injury 100 % Property damage 100 % Personal injury 21 03 2011 Danish Motor Insurers' Bureau 6
Vehicle A Vehicle B 50 % Fault 50 % Fault COMPENSATION Property damage50 % Personal injury 100 % COMPENSATION Property damage50 % Personal injury 100 % 21 03 2011 Danish Motor Insurers' Bureau 7
Vehicle 100 % Fault cyclist 0 % Fault COMPENSATION COMPENSATION No compensation Property damage 100 % Personal injury 100 % 21 03 2011 Danish Motor Insurers' Bureau 8
Vehicle 0 % Fault cyclist 100 % Fault COMPENSATION COMPENSATION Property damage 100 % Personal injury 100 % 21 03 2011 Danish Motor Insurers' Bureau 9
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. " 21 03 2011 Danish Motor Insurers' Bureau 10
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 21 03 2011 Danish Motor Insurers' Bureau 11
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 21 03 2011 Danish Motor Insurers' Bureau 12
Pain and suffering: Granted as long as victim is unable to work or perform normal daily activities Daily tariff in 2011: DKK 175.00 / EUR 23.50 Permanent disability A fixed table of degrees Compensation is triggered at 5 % 2011: 100 % = DKK 766,000.00 / EUR 10,272.50 Reduction according to age 21 03 2011 Danish Motor Insurers' Bureau 13
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 10 21 03 2011 Danish Motor Insurers' Bureau 14
Example: Accident on 1 July 2011 Yearly income: DKK 310,000.00 / Victim is 35 years old EUR 41,300.00 Work is resumed on 18 November 2011 Permanent disability = 70 % Loss of earning capacity = 25 % 21 03 2011 Danish Motor Insurers' Bureau 15
Compensation Pain and suffering 1 July 18 November 2011 140 days @ DKK 175.00 = DKK 24,500.00 / EUR 3,285.00 Loss of income 1 July 18 November 2011 minus any social benefits = DKK 119,000.00 / EUR 15,886.00 21 03 2011 Danish Motor Insurers' Bureau 16
Permanent disability 70 x DKK 7,660.00 00 = DKK 536,200.00 / EUR 71,912.00 Loss of earning capacity (310,000.00 x 25) x 10 = DKK 775,000.00 / EUR 103,937.00 Total compensation DKK 1,454,700.00 / EUR 195,075.00 21 03 2011 Danish Motor Insurers' Bureau 17
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 21 03 2011 Danish Motor Insurers' Bureau 18
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 21 03 2011 Danish Motor Insurers' Bureau 19
QUESTIONS? THANK YOU FOR YOUR ATTENTION 21 03 2011 Danish Motor Insurers' Bureau 20