Compensation Body

The NGF has set up a Compensation Body. Claimants residing in Switzerland can address their motor third party liability claims to the Compensation Body in case the recipients of their claims do not observe their legal obligations in respect of claims handling. The case arises when these recipients omit to provide any reasoned offer of compensation or any reasoned reply to the claimant within a three month time limit.

The three month time limit

The three month time limit starts as soon as the demand containing a precise claim for compensation reaches the recipient.

The Compensation Body becomes definitely competent for the handling of the claim in case the recipient omits to put things right by sending a reasoned offer of compensation or a reasoned reply within a supplementary time limit of two month starting with the receipt of the compensation claim by the Compensation Body. However, where legal action has been taken to enforce the claims directly, no claim may be presented to the compensation body.

Reciprocity

Claimants can also address their compensation demands to the Compensation Body

  • in case the foreign MTPL insurer did not appoint any claims representative.
  • in case that the accident occurred abroad and was caused by a vehicle that cannot be identified.
  • in case insurer the vehicle that caused the accident cannot be identified within two months.

However, these provisions are currently not applicable in Switzerland. As a matter of fact, the concerned countries have to concede reciprocity to Switzerland in order to allow the application of these provisions. 

The protection of visitors agreements that the Swiss National Bureau of Insurance (NBI) signed with the competent insurers associations of the EEA member states do not fall under this scope. These agreements expressly exclude the intervention of the compensation bodies.