Article 16
Statement relating to the third party liability claims
Member States shall ensure that the policyholder has the right to request at any time a statement relating to the third party liability claims involving the vehicle or vehicles covered by the insurance contract at least during the preceding five years of the contractual relationship, or to the absence of such claims (‘claims-history statement’).
The insurance undertaking, or a body which may have been appointed by a Member State to provide compulsory insurance or to supply such statements, shall provide that claims-history statement to the policyholder within 15 days of the request. They shall do so using the form of the claims-history statement.
Member States shall ensure that, when taking account of claims-history statements issued by other insurance undertakings or other bodies as referred to in the second paragraph, insurance undertakings do not treat policyholders in a discriminatory manner or surcharge their premiums because of their nationality or solely on the basis of their previous Member State of residence.
Member States shall ensure that, where an insurance undertaking takes into account claims-history statements when determining premiums, it shall treat those issued in other Member States as equal to those issued by an insurance undertaking or bodies as referred to in the second paragraph within the same Member State, including when applying any discounts.
Member States shall ensure that insurance undertakings publish a general overview of their policies in respect of their use of claims-history statements when calculating premiums.
The Commission shall adopt by 23 July 2023 implementing acts specifying by means of a template, the form and content of the claims-history statement referred to in the second paragraph. That template shall contain information on the following:
(a)
the identity of the insurance undertaking or the body issuing the claims-history statement;
(b)
the identity of the policyholder, including his or her contact information;
(c)
the vehicle insured and its vehicle identification number;
(d)
the start date and end date of the insurance cover of the vehicle;
(e)
the number of third party liability claims settled under the insurance contract of the policyholder during the period covered by the claims-history statement, including the date of each claim;
(f)
additional information relevant under the rules or practices applicable in the Member States.
The Commission shall consult all interested parties and work closely with the Member States before adopting those implementing acts.
Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 28a(2).