Original scientific paper
Protection of the rights of passengers in road transport and the role of insurance
Nikoleta Radionov Radenković
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Abstract
Domestic road transport of passengers in Croatia is regulated by the provisions of the Obligations Act of 2005 providing for the contracts of passenger transport, since, so far, there is no lex specialis applying to road transport. Among other things, these provisions recognise carriers’ rights to the limitation of liability for property and non-property damages suffered by passengers, such as death, bodily injury or impairment of health. However, information regarding the amounts can be found in other acts or international conventions. According to the CVR Convention providing for the international transport of passengers, the specific amounts of limitation are expressed in Germinal francs which can be calculated in two ways: through the stock-exchange price of gold or through the value of a special drawing right (SDR). In the case of the latter method, the limitation amounts in SDRs, envisaged in the CVR Protocol of 1978 (still not effective), must be applied. The amounts calculated by the first method practically annul the right of carriers to any limitation, whereas the amounts calculated by the second method are more than ten times smaller and constitute a realistic and acceptable possibility of limiting liability with respect to the achievable amounts for similar events in Croatia. Such liability of carriers is covered by compulsory insurance of auto-liability up to the minimum premium provided in the law. This amount (about EUR 900,000) is far from sufficient to cover big accidents involving an average-sized coach full of passengers (50 passenger seats). For the remaining amount of damage, the carrier is liable alone. In this paper, it is recommended to contract voluntary insurance against liability arising from transport activity, or to contract auto-liability insurance of a higher amount. In addition, according to the new Compulsory Insurance in Traffic Act, every passenger, cumulatively with this right arising from a transport contract, exercises his or her right to a premium on the basis of the compulsory insurance of passengers in public transport amounting to a range from EUR 5.5 – 11,000 for every injury in the vehicle, regardless of the cause.
Keywords
passengers; road transport; carriers’ liability; OA; , ACTI; CVR; compulsory insurance; liability insurance; Germinal francs
Hrčak ID:
20418
URI
Publication date:
18.1.2008.
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