Tuned up mopeds and light-mopeds involved in accidents; interview study of the settlement of such accidents by the police and insurance companies. Research has shown that many mopedists and light-mopedists ride faster than their speed limit allows. This is often the results of having tuned up their mopeds. This is illegal in The Netherlands. It could work preventatively if insurance companies were to use the so-called ‘right of recourse’, in this case because the vehicle involved had been tuned up. The present study deals with the following research questions: (1) Which procedure does the police follow if a (light-)moped involved in an accident has been tuned up? We refer specifically to the technical inspection and the summons. (2) How do insurance companies use the right of recourse if it appears that the (light-)moped involved had been tuned up? To answer the first question, the results were used of a 1999 SWOV study of serious accidents involving (light-)mopeds. What makes this study so special is that the policeman who had registered such an accident was telephoned for further information about that accident. For the present further study, a number of police stations were telephoned again, but only concerning the technical inspections. This further study established that the police issues a summons if a (light-) moped involved in an accident had been tuned up. Insurance companies can obtain such summonses together with the appropriate accident registration forms. This means that the insurance companies do not have to conduct a technical inspection to establish whether or not the (light-)moped involved in an accident had been tuned up. To answer the second question, three insurance companies were asked how they usually settled a claim for (material) damages. It was determined that insurance companies sometimes attempt to get the damages paid out to (light-)mopeds repaid, if it appears that the vehicles had been tuned up. This often leads to problems because the (light-)mopedists concerned do not have the money to reimburse the company. Insurance companies are recommended to be more consistent with the use of the right of recourse. Intensive contacts between young people will, anyway, lead to experiences with the rules governing damage payments being discussed in greater depth. It is also recommended that insurance policy terms be explained, using clear examples. This will increase the knowledge of the exclusions in the policy terms. It is desirable that general publicity about this subject be spread, together with attention for the theory certificate. It is further recommended that insurance companies agree uniformly what is meant by ‘tune up’. It can be assumed that the settlement of damages and publicity about this subject will then be more effective.
Samenvatting