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Report No. 85

Swedish Act of 1975 as to traffic damage.-

After 1975, in Sweeden, personal injury claims relating to road accidents came to be governed by the (Swedish) Traffic Damage Act of 1975. This Act1 creates a "no fault" scheme of compensation based on compulsory insurance, with claims being made directly against the insurer. Contributory negligence may reduce or bar damages if it constitutes gross negligence or wilful misconduct (e.g. self-induced injuries), or if the driver is drunk and negligent. Though action in tort is not barred, the fact that compensation (even under the no fault scheme) is assessed on the same principles as tort damages makes future tort actions unlikely. An insurer has a right of recourse against the insurer of another vehicle which was responsible for the accident, and also against any person who caused the accident deliberately or by gross negligence.

1. Traffic Damage Act, 1975 (Sweden).



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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