Citizens require mandatory insurance for motorcycles
Injured and underprivileged citizens in accidents caused by motorcycles after the journey spent in the judicial labyrinth fail to come to justice. And precisely because of that they, supported by experts and lawyers, propose amendments in the laws governing traffic safety
- Either responsibility or there will be new cases like Tamara - February 14, 2015
- Ivan Babanovski, professor emeritus: "Coup" is a circus to prevent social uprising - February 8, 2015
- Trajanov: Someone must be held responsible for the Kezarovski case - January 23, 2015
When legislators make a hole in laws citizens not only suffer the consequences, but they are often the only ones who can initiate changes and correct the illogical things. Before such an initiative, as Inbox 7 recently wrote, are citizens who as victims in traffic accidents caused by motorcycles cannot collect damages. Those affected are disadvantaged just because in the Law on Road Traffic Safety motorcycles do not fall into the category of motor vehicles, which means they are not subject to compulsory insurance. Inbox 7 published cases in which injured and underprivileged citizens after the journey spent in the judicial labyrinth fail to come to justice. And just because of this plot they propose changes in the laws, and the specific steps in the case should start from the relevant institutions – National Insurance Bureau, Republic Council on Road Traffic Safety and Insurance Supervision Agency. This proposal is supported by traffic engineers and experts:
“Motorcycles, as any other motor vehicle which can cause serious damage, must be compulsorily insured and it is the only way to solve the problem of citizens who want to collect damages suffered in car accidents, says Zoran Joshevski, Traffic Safety Professor at the Technical Faculty in Bitola.
He explains that when an unregistered motorcycle and even a moped cause damage to a third person, the injured party usually addresses either the National Insurance Bureau or any insurance company because he knows that it will be hard to collect damages from the motorcyclist. The problem occurs at the moment when certain parties are rejected on the grounds that a motorcycle is not a motor vehicle and is not subject to compulsory insurance. Then damages are paid by the bureau and insurance companies. After this, they require payment of recourse against the person who caused the accident and such lawsuits go on forever.
“From a traffic-technical point of view the problem would be solved by changing and defining several legal decisions and a warrant that all motor vehicles must necessarily be insured”, says Joshevski.
The responsibility of experts also to be examined
When court cases are resolved to determine the fault of the person who caused the accident and the establishment of recovery of damages, there is a conflict of laws, says lawyer Alexander Nakov.
According to him, despite amendments in the Law on Road Traffic Safety and the Law on Compulsory Insurance, the possibility of amendments to the Law on Expert Evidence must be considered, too. “In such cases the courts base their verdicts mostly on the reports of the experts even though it is only part of the evidence that does not have to be a key as such. So I think that there should be amendments to the Law on Expert Evidence in the area of authority of experts. Apart from this, there should also be amendments to the Code of Civil Procedure and the Criminal Code regarding when and how to determine the guilt of the person who caused the accident and how and when the injured party may seek recovery of damages”, says Nakov. Under existing legislation the injured party may be awarded damages and the court to determine whether the motorcyclist is guilty or not for causing a traffic accident. Despite this stance of Nakov, professor Joshevski points out that if someone causes a car accident, he responds equally before the law, whether it is a driver of a motorcycle, scooter or car.
Professor Joshevski says constructional features and the way of operation are key parameters for which a motorcycle is excluded from the category of motor vehicles although it is a motor vehicle. But despite this, he is quite decisive that amendments in the laws have to be made. “Motorcycle is a vehicle on two wheels compared to other motor vehicles on four wheels developing more than 25 kilometers per hour. Precisely for these reasons and some other parameters motorcycles are exempt from the category of motor vehicles”, explains Joshevski.
Editor: Stojanka Mitreska