Izvorni znanstveni članak
Collision between Vehicles Owned by the Same Leasing Company and the Issue of Third Party in Automobile Liability Insurance
Nikoleta Radionov
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Adriana Vincenca Padovan
; Jadranski zavod HAZU, Zagreb, Hrvatska
Sažetak
The article considers the legal relationships arising from the collision between two (or more) vehicles owned by the same leasing company (leasing-leasing case). According to common practice widely accepted in the domestic insurance market, claims for damage to the vehicle in these cases are excluded from automobile liability insurance (ALI). This is due to the fact that in such cases all vehicles participating in the collision are owned by the same leasing company, which is in turn the only insured person on the ALI policies in respect of both (or all) vehicles. The lessee in such cases figures solely as the purchaser of the ALI policy, i.e. as the person who bears the financial burden of effecting ALI insurance, but has no rights under that policy. ALI insurance is insurance against third party liability. According to such interpretation the insured person on all the ALI policies in leasing-leasing cases is the leasing company. There is no third injured party and, therefore, there is no basis for coverage under ALI. Although the lessee is the one who is legally and contractually liable for damage and the insured risk therefore lies primarily on him, he remains entirely without insurance protection, despite the fact that he purchased the ALI policy. The current and the derogated statutory provisions relevant for understanding this subject matter are analysed and the actual interpretation of the respective legal relationships in leasing-leasing cases is criticised, whilst proposals are given to improve such inequitable practice.
Ključne riječi
leasing - leasing; automobile liability insurance; AL; comprehensive insurance; collision of the vehicles owned by the leasing company; vehicle user
Hrčak ID:
94478
URI
Datum izdavanja:
19.10.2012.
Posjeta: 3.124 *