Traduction de «translation of chargé d'indemnisation en assurances » (Français → Anglais) :

Internal Market Commissioner Frits Bolkestein said: "Policyholders have to be able to rely on insurance undertakings being able to pay their claims in a wide variety of circumstances such as car accidents, fire, floods and even the loss of the family breadwinner.

(18) In addition to ensuring that the insurance undertaking has a representative in the State where the injured party resides, it is appropriate to guarantee the specific right of the injured party to have the claim settled promptly; it is therefore necessary to include in national law appropriate effective and systematic financial or equivalent administrative penalties - such as injunctions combined with administrative fines, reporting to supervisory authorities on a regular basis, on-the-spot checks, publications in the national official journal and in the press, suspension of the activities of the company (prohibition on the conclusi ...[+++]on of new contracts for a certain period), designation of a special representative of the supervisory authorities responsible for monitoring that the business is run in line with insurance laws, withdrawal of the authorisation for this business line, sanctions to be imposed on directors and management staff - in the event that the insurance undertaking or its representative fails to fulfil its obligation to make an offer of compensation within a reasonable time-limit; this should not prejudice the application of any other measure - especially under supervisory law - which may be considered appropriate; however, it is a condition that liability and the damage and injury sustained should not be in dispute, so that the insurance undertaking is able to make a reasoned offer within the prescribed time-limit; the reasoned offer of compensation should be in writing and contain the grounds on the basis of which liability and damages have been assessed.

(15) In order to fill the gaps in question, it should be provided that the Member State where the insurance undertaking is authorised should require the undertaking to appoint claims representatives resident or established in the other Member States to collect all necessary information in relation to claims resulting from such accidents and to take appropriate action to settle the claims on behalf and for the account of the insurance undertaking, including the payment of compensation therefor; claims representatives should have suffi ...[+++]cient powers to represent the insurance undertaking in relation to persons suffering damage from such accidents, and also to represent the insurance undertaking before national authorities including, where necessary, before the courts, in so far as this is compatible with the rules of private international law on the conferral of jurisdiction.

The compensation body shall take action within two months of the date when the injured party presents a claim for compensation to it but shall terminate its action if the insurance undertaking, or its claims representative, subsequently makes a reasoned reply to the claim.

(a) if, within three months of the date when the injured party presented his claim for compensation to the insurance undertaking of the vehicle the use of which caused the accident or to its claims representative, the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in the claim; or

the Directive would cover cases where compensation is sought in connection with accidents caused by vehicles registered and insured outside the victim's home Member State; victims of such accidents would have a right of direct action, i.e. the right to make a direct claim for compensation to the third-party-liability insurer of the person responsible for the accident; each insurer providing cover for motor-vehicle third-party liability would have to appoint a claims representative in each Member State in which the insurer is not established; if this condition were not met, authorisation to operate in this class of ...[+++]insurance would not be granted by the home Member State, in accordance with the rules laid down in the third non-life insurance Directive (Directive 92/49/EEC); each Member State would have to establish a penalty system so as to ensure that the compensation procedure is carried out rapidly; each Member State would have to set up an information centre responsible for dealing with questions relating to identification of the insurer of the vehicle involved in the accident and, more generally, any question concerning motor vehicle insurance; each Member State would have to set up a compensation body for "visiting motorists" who are victims of car accidents.