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OUT-OF-COURT SETTLEMENT IN COMPULSORY MOTOR INSURANC

ABSTRACT

The paper analyses legal provisions which stipulate compulsory insurance in traffic of all republics of former SFRY relating to out-of-court settlement between the claimant and the tortfeasor’s insurer. Provisions on out-of-court settlement between the claimant and the tortfeasor’s insurer were inspired by the EU Directives on compulsory motor civil liability insurance for the third party losses. The analysis focuses on deadlines and conditions –standards of out-of-court settlement between the claimant and tortfeasor’s insurer. The relation between the alternative way of dispute resolution and completed procedure for claim indemnity before the tortfeasor’s insurer was pointed out in case when the claimant was not satisfied with the decision of the internal commission of that insurer. Since the majority of the Republics have shortened the deadline from source of acquis communautaire in out-of-court settlement, the author of this paper thinks that sooner or later, in these laws, the changes will be initiated toward adjustment with the deadline from source in acquis communautaire.

UDK: 368.025.8:368.212:368.023.1:368.023.2(497.1) (497.11) Ilijić, LLM Slobodan OUT-OF-COURT SETTLEMENT IN COMPULSORY MOTOR INSURANC Page: 57-74
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