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Insurance Law Monthly

Motor vehicle insurance: first-party injuries

The Consolidated Motor Insurance Directive, European Parliament and Council Directive 2009/103/EC requires insurance for the victims of road users. The Directive does not, however, extend to the driver. Whether or not the driver is covered is first party rather than third party and is a matter for the policy.

That point is illustrated by Neto de Sousa v Portuguese State Case C-506/16, which concerned Portuguese legislation precluding recovery by a driver at fault.

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