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Right, but not quite

Sep 14,2015 - Last updated at Sep 14,2015

The Court of Cassation has just adopted a controversial decision absolving insurance companies of responsibility — even enabling them to withdraw the insurance policy altogether — in cases drivers are reckless or violate basis rules of safe driving, like crossing the red light.

Through this pronouncement, the highest court reversed the decision taken by the Appellate Court, which had ruled otherwise.

As per the Court of Cassation ruling, an insurance company henceforth need not pay damages to either the driver found “guilty” or to the owner of a car that was wrecked by the reckless driver, in case of collision.

This decision rests on the interpretation of the language of the 2001 Compulsory Insurance Act No. 32, but it still cuts both ways.

It is one thing to penalise irresponsible drivers and quite another to deprive victims of traffic accidents of the right to collect damages from insurance companies.

The right thing to do is to hold reckless drivers criminally accountable, but not to prevent the victims of unsafe driving from being compensated for the damage.

The whole idea behind having insurance is to make sure that victims of road accidents, whether recklessly caused or otherwise, are compensated.

What the Court of Cassation has done in this instance is to punish victims of road accidents, depriving them of a right.

Everywhere else in the world, reckless drivers are punished, with imprisonment or fines, but innocent victims are not prevented from seeking redress.

 

If the law in question says otherwise, it must be revised and amended in order to render justice to all concerned.

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