NEW Motor Liability and Claims Handling in Austria involving Austrian and Belgian drivers (FR/NL)

Each year more than 50.000 Belgians are the victims of a car accident abroad. Sometimes it takes a long while before the claim is settled because of the administrative and judicial problems, without mentioning the language problem. A few years ago, the European Parliament voted a directive to diminish the gaps between the legislation on motor liability in the 25 member states in order to accelerate claims handling of car accidents abroad. On this matter, INSERT organizes annually a general training on international claims handling and a more specific seminar addressing the particular situation of one or other European country. This year the situation in Austria will be highlighted.

The delegates are supposed to have theoretical knowledge of the Belgian procedures so that they can immediately compare that with the situation in Austria.

1. legal foundations

• instructions in behaviour (road traffic regulations, civil law code, etc.)
• tortious liability
• strict liability at traffic accidents
• rules in association with burden of proof

2. material damage

• vehicle damage
• medical treatment costs
• claim regress of the health insurance
• continuation off wage payments by the employer
• loss of earnings

3. personal damage

• compensation for pain and suffering
• compensation for disfigurement
• costs for care and home help
• mourning compensation for immaterial damage of close relatives

4. Workshop

• practical cases

5. characteristics after ski-accidents

• FIS-Rules only tortious liability provability

6. costs of the claim handling

• expert’s fees
• handling fees
• out of court lawyer’s fees

7. Legal influence on the claim handling

• limitation periods
• reimbursement of costs in the court case
• practical examples