Preliminary communication
https://doi.org/10.47960/2831-0322.2024.1.28.199
PROCESSING CROSS-BORDER CLAIMS IN OUTOF- COURT PROCEEDINGS: A Comparative Analysis of the Green Card and the Protection of Visitors Systems and the Need for Fundamental Changes
Jasmina Đokić
orcid.org/0000-0003-3835-5643
; Faculty of Law in Zenica
*
Antonija Marić
; Euroherc osiguranje d. d. Zagreb
Ana Martinović
; Euroherc osiguranje d. d. Zagreb
* Corresponding author.
Abstract
The paper examines the challenges involved in processing claims arising from civil non-contractual
liability for damages caused by motor vehicles, especially when the legal relationship for compensation
has an international dimension. For several decades, protecting victims of cross-border road
traffic accidents has posed significant challenges at both international and European levels. To
enhance victim protection, two systems for handling international claims have been established
and operate concurrently: The Green Card System and the Protection of Visitors System (IV. Directive).
The authors explore the fundamental characteristics and procedural rules of both systems,
their strengths and weaknesses, and show how the existence of different mechanisms for resolving
cross-border claims impacts the rights of the claimants. Given the relevance and complexity of
this topic, the focus of this paper is limited to the processing of claims in out-of-court procedures,
excluding matters related to judicial proceedings. Finally, the authors consider whether there are
opportunities to improve the current regulatory framework to better protect victims of traffic accidents
with an international element.
Keywords
cross-border claims; Green Card; Crete Agreement; IV Directive; visitor protection
Hrčak ID:
321584
URI
Publication date:
22.10.2024.
Visits: 0 *