In case the policyholder does not agree with the decision of the insurance company, he/she, the insured and the injured party has the right to turn to the Insurance Court of Arbitration which operates with the Estonian Traffic Insurance Foundation.
The Insurance Court of Arbitration is an independent institution for the resolution of insurance disputes.
The activity of the Insurance Court of Arbitration in Estonia is regulated by The Law of Motor Third Liability Insurance.
The Insurance Court of Arbitration resolves disputes
- about the activities of the insurer or the Estonian Traffic Insurance Foundation;
- between insurance companies operating in Estonia.
The insurer is required to participate in the arbitration proceeding of hearing the claim filed by the injured party or the insured against the insurer providing motor third liability insurance.. The other party’s written consent is required for the resolution of other disputes at the Court of Arbitration.
The business of the Court of Arbitration, taking the minutes of sessions, announcing resolutions, finding rooms for sessions and training the arbiters are liabilities of the Estonian Traffic Insurance Foundation.
An arbitral tribunal panel consisting of three arbiters shall be formed for hearing each action. The chairman of the arbitral tribunal panel hearing the action shall be a collegian of the Court of Arbitration. The person filing the action and the person against who the action is filed shall both shall select an arbiter and the two arbiters selected shall elect the chairman of the arbitral tribunal.
The action has to be grounded and contain the following data:
- names and addresses of the parties;
- content and price of the claim;
- matters the claim is grounded on and certificates;
- if there is an unfinished court action in the same matter or if a court judgement has entered into force in the same matter;
- arbiter’s name selected by the person who has filed the action.
If the person who has filed the action is a physical person having Estonian personal code, he/she has to enter it into the action. If he/she or the other party is a legal entity, the document proving their registration in the relevant registrar has to be presented. In case of the presence of a representative also power of attorney has to be added.
The action shall be composed in the Estonian language in easily legible typescript on format A4.
After receiving the action the secretary to the Court of Arbitration forwards a copy of the action with its supplements to the person who the complaint is against (hereinafter Respondent).
The Respondent responds to the action and presents his/her viewpoint in writing about giving or refusing his/her consent to hearing the action in the arbitral procedure. The selected arbiter’s name also has to be entered. The representative’s power of attorney has to be added to the counterarguments.
The secretary notifies the arbiters selected. The arbiters notify the secretary of the chairman of the arbitral tribunal panel elected and the time of the session. The secretary forwards the action and the counterarguments to the arbiters.
The secretary of the Court of Arbitration notifies the parties immediately of the time of the session sending them summonses to the session by post. The counterarguments with the supplements are also sent to the person who has filed the action.
In order to find out the circumstances of the traffic accident summonses to the session are also sent to the interested persons – to the other parties in the accident and to the insurer of the person who filed the action.
Any data are evidence in the matter on the ground of which the arbitral tribunal ascertains the existence or non-existance of such circumstances which base the parties’ claims and counterarguments.
Either of the parties shall evidence the circumstances referred to as the basis of his/her claims or counterarguments.
The arbitral tribunal has the right to require evidence from the parties necessary for the resolution of the dispute either following their application or on its own initiative.
The arbitral tribunal has the right to invite witnesses to the session with the consent of the interested party.
Sessions of the arbitral tribunal take place in the Estonian Traffic Insurance Foundation.
The action is heard at the arbitral tribunal by way of an oral procedure. If the parties or interested persons fail to appear, the action may be heard without the presence of the parties or interested persons who failed to appear..
Hearing the action is carried through in the Estonian language. In case of necessity it is carried through in another language if the arbiters and the other party know the language.
The chairman of the arbitral tribunal shall make a motivated resolution about hearing the action. The resolution shall be made by voting. No judge has the right to refuse or abstain the voting.
The resolution shall be announced within 10 calendar days of the termination of hearing the action pertaining to substance.
The resolution of the arbitral tribunal comes into effect on the 10th day of the announcement of the resolution, unless one or both of the parties have presented a claim to the court against the other party in the same matter before the abovementioned date.
The parties shall obey the resolution voluntarily by the date fixed by the court. If the date has not been fixed, the resolution shall be obeyed immediately after receipt.
Hearing the action at the court is free of charge for the plaintiff. If the heard action is not connected with the motor third liability insurance, the person to the prejudice of who the resolution was made pays the costs of hearing the action.
Resolutions of the Court of Arbitration are published on the website of the Estonian Traffic Insurance Foundation in Internet.
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