Brussels, 28/06/2006 (Agence Europe) - On Wednesday the Commission decided to take Ireland to the Court of Justice for not having amended its rules for compensation involving uninsured vehicles. Irish legislation stipulates that if a driver of an uninsured vehicle is involved in an accident with another uninsured vehicle but is blameless, that driver will not receive any compensation. This means that if a driver of an uninsured vehicle is involved in an accident with another uninsured vehicle but is blameless, that driver will not receive any compensation
In October 2005, the Commission sent a reasoned opinion to Ireland formally requesting it to modify its legislation. In April 2006, the Commission sent a supplementary reasoned opinion, adding its concerns relating to Irish rules excluding compensation also to passengers who are victims of an accident while travelling in a vehicle which they knew was uninsured. The Commission considers that this is contrary to EU law, which requires that national compensation bodies cover victims of accidents caused by unidentified or uninsured vehicles. The Second Motor Insurance Directive 84/5/EEC, and in particular Article 1 (4), clarifies that compensation regimes must also include victims of accidents caused by unidentified or uninsured vehicles. In a press release the Commission explains that regardless of where in the European Union an accident takes place, possible disputes regarding compensation or liability should not affect victims, but be settled between the insurer and the person responsible for the accident or injuries. According to the Commission the Directive in Member States may exclude payment of compensation in respect of persons who voluntarily entered the vehicle which caused the damage or injury when the compensation body can prove that they knew it was uninsured but that this limitation is an exception to the general rule and must be interpreted strictly. Consequently, it cannot include all situations and categories of people not mentioned in the Directive.