Un increase in motor liability rates in the event of direct compensation for motorcycles. This is the anomaly reported by the Order of Actuaries on the occasion of the Competition Bill, currently being converted by the Senate. The reimbursements provided for by the Convention for direct compensation are generally lower than the actual cost of the damages suffered by the non-liable vehicle. From the annual Motor TPL 2020 statistics published by ANIA, based on a sample representing 88,7% of the premiums relating to policies, the average cost of claims for direct compensation is 2.369 euros, while that of lump sums is 1.933 euros. with a difference of more than 20%; very similar differences are also found for the years prior to 2020.
The bill introduces an amendment to the Insurance Code extending the direct compensation regime (CARD) for the management of claims also to insurance companies with registered office in a foreign state of the European Union. According to the Actuaries, this could be an opportunity to correct the problem of the direct compensation system that concerns motorcycles.
The goal, underline the Atturai, is to introduce "the same rules for all operators in compliance with the competition criterion, above all with a view to guaranteeing the same protection of the interests of the policyholders, regardless of the State of the European Union in which the company".
Accident caused by the motorcyclist: the flat rate is higher than the damage caused
In the event of an accident with cars or trucks, the compensation paid as a lump sum to the motorcyclist's company which is not responsible is less than the cost of the accident; when, on the other hand, the accident is caused by the motorcyclist, the lump sum due is on average higher than the damage actually caused. This despite the fact that at the level of the total market, considering all the companies and all the vehicles, there is one compensation between the costs of claims and the related lump sums, since for each direct compensation claim there is an insurance company which pays the damage to its non-responsible insured and that of the counterparty which reimburses the lump sum.
However, this compensation does not take place at the level of individual vehicles and in particular in the case of motorcycles and mopeds; which, by their very nature have a reduced mass compared to four-wheeled vehicles and practically do not have passive safety systems, in the event of an accident with a car or a lorry they normally suffer damage greater than that of the other party (both with regarding the vehicle and the occupants), regardless of the attribution of liability.
It should also be remembered that, although less evident, the distortions due to lump sum reimbursement system are also present in the context of vehicles of the same category, given the heterogeneity of the vehicle fleet with respect to factors such as age, mass, spare parts costs, passive safety systems, i.e. parameters that affect the value of the damages suffered, while the the lump sum due by the Company of the person in charge always remains the same.
To remedy at least the distortions present between different vehicle categories, which, as mentioned, are not the only ones, the National Order of Actuaries proposes to replace the lump-sum reimbursements with refunds "at the bottom of the list"suitably regulated, in the event that vehicles belonging to different sectors are involved; recalling, in this regard, that the reimbursements "at the bottom of the list" are already foreseen by the CARD for injuries suffered by passengers, for all vehicles.
