PhD student: Mrs A.C. Stalenhoef

Promotors: Prof M.G. Faure, Prof T. Hartlief

Duration: 1/4/2024 - 31/3/2028

Abstract:

In the handling of cross-border motor third party liability (MTPL) insurance claims, a complex interplay of various laws and regulations comes into play. This involves the relevant laws on liability and compensation, insurance law, European directives, private international law, and last but not least, the functioning of agreements between national organizations of motor insurers, such as the Green Card Bureaux, national Guarantee funds, and Claims Representatives. Hence, the laws and regulations governing the management and settlement of cross-border motor third party liability insurance claims form a hybrid system encompassing both private and public regulations. Although this system has functioned largely satisfactorily for years, uncertainty persists regarding its precise legal status. This ambiguity prompts questions about the competent supervisory authority, competition law and the extent to which victims of cross-border motor accidents are protected. This study aims to examine the intricate interplay of the hybrid network governing cross-border motor third party liability insurance claims. Through an investigation into the legal status of this hybrid network, the study will explore additional questions that arise.