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Liability Risk and Insurance

No obligation to provide for insurance for unseated passengers

A ruling by the European Court of Justice held that member states were free to determine the extent of passenger insurance nationally as long as there was no discrimination against victims related to the driver or liable persons and other parties. In this, citing Mendes Ferreira v Delgado Correia Ferreira that Directives ‘do not require member states to provide that compulsory insurance cover personal injuries to passengers carried in a part of the vehicle not adapted for the transport of seated passengers’.

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