The Law of Compulsory Motor Vehicle Insurance

Rezensionen / Stimmen

"The legal principles applicable to compulsory motor insurance are complex and intricate. They derive from: domestic legislation dating back to 1930; industry agreements filling in the gaps created by uninsured or hit and run drivers; European Union single market directives designed to secure equality of protection for victims wherever the accident occurs; and a series of lengthy decisions from both the UK courts and the Court of Justice of the European Union on the correct interpretation of the legislation and directives. Weaving all of these disparate but interrelated sources into a single volume explaining how they operate together is a major challenge. Dr Gurses' work The Law of Compulsory Motor Vehicle Insurance is the first short work of its type to undertake this task. The author explains succinctly how the law works, explains the conflict between the UK and EU approaches and identifies future challenges. This book is clear, concise and authoritative. It will be of immense value to practitioners seeking an understanding of the regime, and also to students of insurance law. Those teaching and studying tort law will also find much of value in this work: a substantial proportion of personal injury claims arise from accidents on the road, but academics have generally shied away from looking behind tort principles to how claims are actually paid."

Professor Robert Merkin QC

"The new publication written by Gurses fills a gap. The regulation of traffic accidents involving motor vehicles puts high demands on the practice. This is not least due to the complex interplay of national and European law. The European system of far-reaching protection of victims offers many advantages. These include, in particular, the direct claim, which guarantees reliable regulation of damages by an insurer or, if no insurance protection intervenes, national guarantee funds such as the Motor Insurers' Bureau. Any questions of interpretation of the EU rules, such as the scope of protection, must be clarified by the European Court of Justice. In contrast, the conditions and amount of the claim for damages continue to be governed by the law at the place of the accident. This law differs considerably in the Member States. Gurses addresses these issues and many other topics - such as the scope of insurance coverage requirements, the control of contract terms, or the public policy doctrine in a concise manner. It is particularly commendable that she makes the complex legal situation in the UK, including the case law, comprehensible. The book is rounded off by an overview of the innovations of the Automated and Electric Vehicles Act 2018, especially with regard to liability."

Univ.-Prof. Dr. Christian Armbruester, Freie Universitaet Berlin