North American insurers have traditionally taken their cues from Europe in the past – so don’t be surprised if a recent EU court ruling eventually crosses the Atlantic requiring mandatory lawnmower coverage.
An EU court has recently ruled that all vehicles should be insured to cover injuries – and that includes ride-on lawnmowers.
The European Court of Justice moved to clarify EU directives following a legal action heard by the court in Luxembourg, involving a Slovenian man who claimed damages of €15,944 ($22,765) after he was hurt when he fell off a ladder struck by a reversing tractor.
The insurance company which covered the tractor had refused to cover the man's claim, as it took place on private property.
The case had been thrown out by the Slovenian court, as it ruled insurance covered the damage caused by the tractor as a means of transport, but not damaged caused by a tractor when it was used as a machine.
An appeal to the Slovenia Supreme Court was sent to the European Court of Justice on a point of law.
The court found that European legislation held that all vehicles should be insured to cover injuries incurred in “the course of the use of a vehicle that is consistent with the normal function of that vehicle.” (continued.)
#pb#
“Basically what the ruling said was that if a vehicle is being used for its normal function as a vehicle,” a European official told the Irish Independent, “that is considered to be a vehicle in use by motor insurance and it would need to be covered by motor insurance regardless of whether it's on private property on a public road… (But) it all rests on how governments treat lawnmowers.”
The EU official added that the motor insurance directive says that all vehicles which are put into circulation and which are in use have to be covered by compulsory insurance, unless member states explicitly exclude them.
