EU rejects cost claim

The European Parliament has voted to reject a proposal that would automatically make motorists financially liable for an accident involving a pedestrian or a cyclist. Under the proposal, motorists' insurance policies would pick up the cost of injuries, even if that motorist was not at fault.

The parliament voted three weeks ago to remove the "no fault liability" provision in its original proposal for the fifth directive on Motor Vehicle Insurance. The idea was proposed by Belgium but opposed by other European states, including Ireland.

The thinking behind the "no fault liability" idea was that, while pedestrians and cyclists may cause some accidents, motor vehicles cause most of them. Garda statistics show 300 people have died in 266 collisions so far this year. Of the 300 deaths, drivers accounted for 123, passengers 59, pedestrians 58, and pedal cyclists nine. Forty eight motorcyclists have died and three pillion passengers, so far this year.

In the first vote on the motor insurance directive on October 22nd, the Parliament voted to delete "the Commission's proposal to require motor insurance to cover personal injuries suffered by pedestrians and cyclists in an accident involving a road vehicle. Conor Faughnan of AA Ireland welcomed the "end of what was a fairly ridiculous idea". "There was no real good reason for supporting it. This would have incentivised a whole new 'compo' culture and given the green light for a plethora of new claims. It goes against natural justice and it is good to see the back of it," he added.

The Federation of European Motorcyclists Associations (FEMA) welcomed the vote to reject the proposal, saying "the fairness of this principle is very questionable".Irish pedal cyclists were supportive of the original proposal when it was first floated at a European level last year. One member of Dublin cyclist group Critical Mass told Motors: "Most cyclists were in favour of it because it placed the onus on those in control of a dangerous fast-moving vehicle to drive safely."

The aim of the Motor Insurance Directive is to update existing directives on motor insurance, some of which are 20-years-old. A large majority of MEPs voted in favour of the overall proposal (525-9 with 16 abstentions). The amendments, including the deletion of the "no fault liability", have now been passed to the Council of Ministers for consideration. If the Council accepts the amendments, the directive will become law. If not, it will return to the Parliament.