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No 29 (June 2002/Juin 2002/Juni 2002)
The European Commission has sent a "reasoned opinion" asking Finland to change its legislation excluding from insurance cover passengers travelling in vehicles whose drivers have been drinking.
Finnish legislation provides for the driver's injuries to be excluded from insurance cover should an accident occur when the driver is under the influence of alcohol and/or other intoxicating substances.
This exclusion applies also to a passenger who knows that travelling in the vehicle under the prevailing conditions would be a considerable safety risk.
The few circumstances where the Directive permits exclusions do not include the exclusion from cover of passengers' if the driver is intoxicated. The emphasis must be on protecting the third party who is a victim of the accident. Three insurance cases resolved