The Council of Ministers has approved the Bill that adapts Directive 2021/2118 on civil liability insurance for the circulation of motor vehicles and controls the obligation to insure such liability. In addition, this regulation introduces amendments to the Law on civil liability and insurance in the circulation of motor vehicles and to the Law on the regulation, supervision and solvency of insurance and reinsurance companies. Once approved by the Council of Ministers, it will be sent to the Congress of Deputies for its parliamentary procedure.
This regulation seeks to improve coverage, compensation and safety for victims of accidents caused by motor vehicles. To this end, it establishes a more precise and broader definition of the vehicles that must have compulsory civil liability insurance; improves the system for assessing compensation for personal injury; provides greater security to victims in the event of insolvency on the part of insurers; and optimizes the control carried out by the authorities to verify the existence of insurance.
More vehicles required to have liability insurance
More vehicles will be required to carry liability insurance. The adaptation of the Directive broadens the definition of motor vehicles to include agricultural or industrial vehicles, which were previously exempt. In this way, the protection of victims will be strengthened. The owners of these vehicles will have a period of six months from the publication of the Law to take out this insurance.
The draft bill also adds the notion of light personal vehicle, which refers to motor vehicles capable of reaching a maximum speed between 6 and 25 km/h if their weight is less than 25 kg, or a maximum speed between 6 and 14 km/h if their weight exceeds 25 kg. These vehicles, including electric scooters and personal mobility vehicles, will be required to have compulsory civil liability insurance. This measure seeks to strike a balance between promoting sustainable urban transport and protecting victims of accidents caused by these new vehicles.
In order to establish the characteristics and scope of this modification, the Valuation System Monitoring Commission will have 6 months from the publication of the Law to submit a regulatory proposal on compulsory insurance for these light personal vehicles. In addition, the Government will have to create a public registry of light personal vehicles before January 2, 2026.
The regulation also contemplates significant improvements in the compensation of victims. These changes have been agreed upon by all the parties involved, represented in the Valuation System Monitoring Commission, which demonstrates the willingness of both the Public Administration and the victims' associations, insurers and insurance and civil liability experts to improve the regulatory framework.
The purpose of these amendments is to speed up the compensation assessment process, avoiding, as far as possible, the need to resort to judicial proceedings by providing extrajudicial alternatives to resolve conflicts. In addition, medical reports and police reports can be obtained free of charge, and shorter deadlines are established for the medical assessment and issuance of reports, among other measures that will speed up the procedure.
Regarding the amounts of coverage, they will be updated according to the Consumer Price Index. Some cases in which indemnities will be granted have also been increased and extended, in order to improve the protection of those affected, such as, for example, persons engaged in household chores in the family environment.
In order to provide greater security to the victims of traffic accidents, the cases in which the Insurance Compensation Consortium will cover indemnities have been extended. This guarantees that, in the event of insolvency on the part of the insurance companies, the Consortium will intervene.
Finally, Law 20/2015 on the regulation, supervision and solvency of insurance companies has been amended in order to improve and strengthen the supervisor's powers of control. This guarantees the suitability of the people who run insurance companies and preventive recovery plans will be introduced as tools for anticipating and managing crises for these companies.
Presentation and excluded bicycles
The brand new head of the DGSFP, José Antonio Fernández de Pinto, delighted the audience at his press conference by unveiling the intricate details of the innovative Project, accompanied by his predecessor, Sergio Álvarez. The bold director general made it clear that, fortunately, bicycles are exempt from the obligation to purchase liability insurance, as the Project only applies to those vehicles with a motor. In addition, he confirmed that compensation for accidents caused by any vehicle will be governed by the intriguing Motor Vehicle Schedule, as established by the new regulations.
Entre los fascinantes temas que requerirán una regulación más detallada se encuentran el registro y la matriculación de los patinetes, así como las áreas de acción del ilustre Consorcio de Compensación de Seguros en este nuevo ámbito de actividad.</p>
Source: Galilea Group
