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Ákos Kozma, Commissioner for Fundamental Rights, considers that the regulation leaves the question of the use of data from the loss history entirely to the decision of the insurers, which is why he considers the insurance premium setting system arbitrary. However, they added that the pest surcharge is generally not objectionable.
The Ombudsman pointed out that the rules took into account neither the economic interest of insurers in setting premiums nor the protection of consumer interests.
According to the Commissioner for Fundamental Rights, the regulation on automobile liability insurance (kgfb) also violates the principle of legal certainty derived from the rule of law. They also see the application of an excessive pest surcharge as a setback, which ignores the calculation of the risk-based fee and thus the bonus-malus system itself, which it can sometimes cause a rate increase of up to 150%.
In his report, Ákos Kozma asked the Minister of Finance to consider modifying the bonus-malus system, its classification and the NGM decree on the rules for issuing damage history certificates. He also asked the president of the Hungarian Insurers Association to forward the report to Hungarian insurers.
Cover image: Shutterstock
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