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ICOBS 8.2 Motor vehicle liability insurers

Application: who? what?

ICOBS 8.2.1R
  1. (1)

    This section applies to a motor vehicle liability insurer.

  2. (2)

    The rules in this section relating to the appointment of claims representatives apply:2

    2
    1. (a)

      in relation to claims by injured parties resulting from accidents occurring in an EEA State other than the injured party's EEA State of residence which are caused by the use of vehicles insured through an establishment in, and normally based in, an EEA State other than the injured party's EEA State of residence; and2

    2. (b)

      in relation to claims arising out of events occurring, and risks situated, in the United Kingdom, and covered by an incoming EEA firm on a services basis.2

  3. (3)

    The rules in this section relating to claims handling apply in respect of claims arising from any accident caused by a vehicle normally based in the United Kingdom.

[Note: article 20(1) of the Consolidated Motor Insurance Directive and article 152 of the Solvency II Directive2]

Requirement to appoint claims representatives

ICOBS 8.2.2G

[deleted]1

1
ICOBS 8.2.2AR

1A person carrying on, or seeking to carry on, motor vehicle liability insurance business must have a claims representative in each EEA state other than the United Kingdom.

ICOBS 8.2.2BR

2 An incoming EEA firm carrying on motor vehicle liability insurance business and covering UK risks on a services basis must have a claims representative in the United Kingdom to deal with claims arising out of events occurring in the United Kingdom.

[Note: article 152 of the Solvency II Directive]

Conditions for appointing claims representatives

ICOBS 8.2.3R

A firm must ensure that each claims representative:

  1. (1)

    is responsible for handling and settling a claim by an injured party;

  2. (2)

    is resident or established in the EEA State where it is appointed;

  3. (3)

    collects all information necessary in connection with the settlement of a claim and takes the measures necessary to negotiate its settlement;

  4. (4)

    possesses sufficient powers to represent the firm in relation to an injured party and to meet an injured party's claim in full; and

  5. (5)

    is capable of examining cases in the official language(s) of the EEA State of residence of the injured party.

[Note: article 21(1), (4) and (5) of the Consolidated Motor Insurance Directive and article 152 of the Solvency II Directive2]

ICOBS 8.2.4G

The requirement to possess sufficient powers does not prevent a claims representative from seeking additional authority or instructions if needed. It does prevent it from declining to deal with, or transferring responsibility for, claims properly referred to it by an injured party, or their representative.

Notifying the appointment of claims representatives

ICOBS 8.2.5R
  1. (1)

    A firm must notify to the information centres of all EEA States:

    1. (a)

      the name and address of the claims representative which they have appointed in each of the EEA States;

      [Note: article 23(2) of the Consolidated Motor Insurance Directive]

    2. (b)

      the telephone number and effective date of appointment; and

    3. (c)

      any material change to information previously notified.

  2. (2)

    Notification must be made within ten business days of an appointment or of a material change.

Motor vehicle liability claims handling rules

ICOBS 8.2.6R

Within three months of the injured party presenting his claim for compensation:

  1. (1)

    the firm of the person who caused the accident or its claims representative must make a reasoned offer of compensation in cases where liability is not contested and the damages have been quantified; or

  2. (2)

    the firm to whom the claim for compensation has been addressed or its claims representative must provide a reasoned reply to the points made in the claim in cases where liability is denied or has not been clearly determined or the damages have not been fully quantified.

ICOBS 8.2.7R
  1. (1)

    If liability is initially denied, or not admitted, within three months of any subsequent admission of liability, the firm must (directly, or through a claims representative) make a reasoned offer of settlement, if, by that time, the relevant claim for damages has been fully quantified.

  2. (2)

    If an injured party's claim for damages is not fully quantified when it is first made, within three months of the subsequent receipt of a fully quantified claim for damages, the firm must (directly, or through a claims representative) make a reasoned offer of damages, if liability is admitted at that time.

ICOBS 8.2.8R

A claim for damages will be fully quantified for the purpose of this section when the injured party provides written evidence which substantiates or supports the amounts claimed.

Interest on compensation

ICOBS 8.2.9R
  1. (1)

    If the firm, or its claims representative, does not make an offer as required by this section, the firm must pay simple interest on the amount of compensation offered by it or awarded by the court to the injured party, unless interest is awarded by any tribunal.

  2. (2)

    The interest calculation period begins when the offer should have been made and ends when the compensation is paid to the injured party, or his authorised representative.

  3. (3)

    The interest rate is the Bank of England's base rate (from time to time), plus 4%.

[Note: article 22 of the Consolidated Motor Insurance Directive. Regulation 6 of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 makes this rule actionable under section 138D of the Act (Actions for damages) by any person who suffers loss as a result of its contravention]

ICOBS 8.2.10R

A firm will be taken to have received a claim, or a fully quantified claim, for damages when the claim is delivered to it, or a claims representative, by any person by any method of delivery which is lawful in the firm's, or its claims representative's, respective State of residence or establishment.

ICOBS 8.2.11G

The provisions in this section are not intended to, and do not, restrict any rights which the injured party, or its motor vehicle liability insurer, or any other insurer acting on its behalf, may have and which would enable any of them to begin legal proceedings against the person causing the accident or that person's, or the vehicle's, insurers.