LIMITED LIABILITY OF INSURERS FOR DAMAGES BASED ON MOTOR THIRD PARTY LIABILITY INSURANCE

In this paper the author is addressing the problem of limited liability of insurers for damages based on motor third party liability insurance. Analysing the question of non-contractual liability of owners of motor vehicles for damages caused by a motor vehicle in operation and concluding motor third party liability insurance contracts, the author analyses the current solutions in Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles and relative solutions in Croatian legislature. The author pays particular attention to the institute of minimum amounts covered by insurance for motor third party liability insurance which guarantees insurers cover for insured minimal amounts also limiting the insurers obligation. This paper also discusses the settled Croatian case law in legal questions regarding the combination of insured limits for motor third party liability insurance and placing the injured party in an unequal legal position in cases of the insurers limited liability when the injured party suffered damages as a result of an accident in which two or more motor vehicles of the same or different insurers participated. Examining the various aspects of insurance providing protection to injured parties and the insurer the author points out the need for amendments of Croatian legislation.