აკაკი წერეთლის სახელმწიფო უნივერსიტეტის
ბიზნესის, სამართლისა და სოციალურ მეცნიერებათა ფაკულტეტის საგრანტო პროექტი
დაზღვევა და სამართალი
მოწვეული სპეციალისტი, ბიზნესის ადმინისტრირების დეპარტამენტი, აკაკი წერეთლის სახელმწიფო უნივერსიტეტი, ქუთაისი, საქართველო
პროფესორი, ბიზნესის ადმინისტრირების დეპარტამენტი, აკაკი წერეთლის სახელმწიფო უნივერსიტეტი, ქუთაისი, საქართველო
ასოცირებული პროფესორი, სამრთლის დეპარტამენტი, აკაკი წერეთლის სახელმწიფო უნივერსიტეტი, ქუთაისი, საქართველო
მაგისტრანტი, სამრთლის დეპარტამენტი, აკაკი წერეთლის სახელმწიფო უნივერსიტეტი, ქუთაისი, საქართველო
Invited Specialist, Department of Business Administration, Akaki Tsereteli State University, Kutaisi, Georgia
Professor, Department of Business Administration, Akaki Tsereteli State University, Kutaisi, Georgia
Associate Professor, Department of Law, Akaki Tsereteli State University, Kutaisi, Georgia
Master Student, Department of Law, Akaki Tsereteli State University, Kutaisi, Georgia
Significant issues of legal regulaion of vehicle owners’ civil liability Insurance in georgia
აბსტრაქტი / Abstract
The article deals with vehicle owners' civic liability insurance as the third party car insurance and social mechanism of security and highlights its significance under present conditions. On the basis of an analysis of the constitutional practices, it studies Georgian law on vehicle owners' civil liability insurance, whether it was expedient to abolish the previous law and anticipated results that would follow enactment of a new law and undoubtedly occur in case of introducing vehicle owners' civic liability insurance in respect of all motor vehicles, not limited to transit cars only. The article encompasses recommendations and modest suggestions.
The work compiles the results of the research based on vehicle owners’ awareness survey of the law on insurance and their attitudes towards it. It also concerns a shortage of financial education in Georgia, which hinders establishment of "Insurance Ethics".
Introduction and aim:
In international practice, compulsory insurance for civil liability is one major part of obligatory insurance. At this stage, among the types of insurance, vehicle owners' civic liability insurance is of topical interest and its introduction becomes mandatory. If we take it into consideration that in 2014, the EU and Georgia signed an Association Agreement and insurance was regarded as one of the most important parts of the financial sector, it is paramount to look through harmonization issues of Georgian legislation in this field with EU legislation.
In this respect, the question arises to what extent the enforcement of law on vehicle owners' civic liability insurance would maintain financial security of the public and reduce losses arising from liability risks. Would an insurance premium imposed on a concrete means of transportation be a heavy burden for the Georgian drivers and citizens of developing countries? In addition to this, there is still a shortage of financial education in Georgia, which hinders establishment of "Insurance Ethics" to its part.
The research on the law on vehicle owners' civic liability insurance studies whether the removal of legal force of the previous law was right as well as anticipated results that would follow enactment of a new law on vehicle owner, vehicle owners’ awareness survey of the law on insurance and their attitudes the law.
Research methodology: Analysis of existing situation (legislation, court practice and other documents) and completed cases, group interview with focus groups, in-depth interviewing and analysis methods of statistical information.
Results and implications: A survey of drivers revealed the following information:
It is obvious that introduction of compulsory civil liability insurance for vehicle owners in respect of all motor vehicles ,not limited to transit cars seem to be of great significance. It will create a flexible system of social security, ensures reimbursement and facilitate the payment of damage claims, solves disputes and traffic problems in a civilized way, which will contribute to the development of tourism. The country will have opportunity to join up the international insurance "Green card" system and all in all this will help harmonization of Georgian legislation sphere with EU legislation.
Compulsory Insurance of Civil Liability for Auto Owners stipulates that if one is found legally responsible for a car accident insurance policy pays for the costs of inflicted damage on others and can be regarded as as a defense mechanism. If the person has this kind of insurance liability coverage and inflicts damage to life, health, honor, or property of others, then liability insurance will cover the cost of repairing any property damaged by an accident as well as the medical bills from resulting injuries. Practical necessity and topicality of abovementioned law is obvious but reality is entirely different.
The research carried out in 2018 proved that most Georgian drivers oppose Compulsory Insurance of Civil Liability for Auto Owners, since this law seems to be unacceptable for them. They cannot afford private car package policy because of high price. 39 % of interviewees who represent low-income families assume that they cannot benefit from this kind of insurance due to their low income and premium payable would be a heavy burden for car owners. But the absence of insurance will result in imposing administrative liability on them which will further aggravate their conditions. This fact must be taken into account when introducing compulsory insurance of civil liability for car owners and car insurance premiums must be determined considering severe economic situation in the country.
It is expedient that in the initial stage, the law should not apply to those car owners who belong to vulnerable members of society since premium payable would be a burden for them. It is advisable, if awareness of insurance culture rises and growth and development of the insurance sector becomes irreversible process. First, it is required to increase marketing activities by insurance companies and raise consumer’s awareness of separate products. Second, the introduction of mandatory insurance products is the essential prerequisite.
Keywords: Vehicles, civil liability, compulsory insurance, insurance ethics, legal regulation.