EC Motor Insurance Claims History

On Jan. 26, EC proposed template for motor claims history statement.

  • EC proposed an implementing regulation laying down rules for application of the Motor Insurance Directive (MID Dir 2009/103) re template for claims history statement.
  • Follows EP Jun. 2021 published deal to protect road accident victims, see #108985.
  • Background
  • Under MID anyone with compulsory motor insurance policy in EU country may request statement of any claims involving their vehicle covered by policy over past 5 years.
  • This claims history statement may also note the absence of any claims in the period.
  • MID was amended by Dir 2021/2118, which empowered EC to specify, by means of a template, the form and content of the claims history statement to be used in EU.
  • Proposal
  • Proposed implementing regulation states that claims history statement should have a form and content making it recognizable across EU, to assist insurers/policyholders.
  • Should contain information referred to in MID article 16 while being limited to details necessary for statement's purposes, but should allow for elements of national law.
  • To accommodate environmental concerns and reduce administration costs, statements should be issued electronically by default, but supplied on paper if policyholder asks.
  • To allow insurers time to prepare, it is proposed that application of regulation should be deferred, draft says shall apply from 9 months after entry into force of regulation.
  • The proposed template for statement is issued as annex to the draft regulation.
  • Effectiveness
  • The closing date for feedback on draft regulation and template is Feb. 23, 2024.
  • EC plans to adopt the implementing regulation in Q3 2024.
  • Jul. 2024 Official Journal
  • On Jul. 4, 2024, EU CMSN issued final Reg 2024/1855 in the Official Journal of the EU.
  • Regulation in force on the 20th day following that of its publication, Jul. 24, 2024.

Regulators EU CMSN
Entity Types CNSM; Ins
Reference OJ L, 7/4/2024; Reg 2024/1855, 7/3/2024; CP Ares(2024)609124, 1/26/2024; Citation: MID Dir 2009/103; Dir 2021/2118; Reg 2024/1855;
Functions Claims/Accelerated Benefits; Compliance; Environment; Financial; Legal; Operations; Product Administration; Reporting; Risk
Countries European Union; Cross-Border
Products Accident; Insurance; Insurance-Casualty; Insurance-Property
Regions EMEA
Rule Type Final
Rule Date 1/26/2024
Effective Date 7/24/2024
Rule Id 199503
Linked to Rule :108985
Reg. Last Update 7/4/2024
Report Section EU

Last substantive update on 07/08/2024