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Report No. 85

Denmark.- In Denmark, the existing (Denish) Road Traffic Act1 imposes a duty to obtain third-party motor insurance. It defines the scope of the insurance as covering claims made under the special compensation rule of the Act. This rule imposes liability upon the owner or user of the motor vehicle under a fault rule providing for a reversed burden of proof (that is, a presumption of liability)2. Denmark has, for time being, retained fault liability with a reversed burden of proof. A certain hesitance to abandon the present systems has been expressed noting that these systems grant compensation to the great majority of injured persons, and that they have been built into the practices of courts and of insurance companies3.

1. Gomard Compensation for auto accidents, (1970) 18 AJCL 80 (82).

2. Lovbekendtgorelse (Consolidation Act) No. 231, 27th June, 1961, as amended, section 66(1) and section 65.

3. Gomard Compensation for auto accidents, (1970) 18 AJCL 80 (84).

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

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