Legislation NBI

The insurance undertakings active in the motor third party liability insurance branch constitute and administrate together the National Bureau of Insurance, which is an association and has its own legal personality. The main provisions concerning the organisation, the tasks and the funding of the NBI are contained in art. 74 ff. of the Road Traffic Law (SVG) and art. 39 ff. of the Legal Ordinance on Vehicle Insurance (VVV).

Basic principles

The legal tasks of the NBI consist in covering road traffic accidents caused by foreign vehicles or trailers, provided that there is a legal obligation of insurance according to the road traffic law (art. 74 par. 2 lit. a SVG). Furthermore, the NBI operates the National Information Centre and coordinates the conclusion of frontier insurance policies for vehicles entering Switzerland and Liechtenstein which do not dispose of sufficient insurance cover (art. 74 par. 2 lit. c SVG).

Claims settlement is carried out by the signatories of the Swiss Interclaims Agreement. This cooperation is based on the Claims Regulations of the NBI & NGF. 

The tasks of the National Bureau of Liechtenstein are fulfilled by the NBI (art. 1 of the exchange of notes dated 3.11.2010 between Switzerland and Liechtenstein).

Taking into consideration that many different representation relations may apply, it has to be pointed out that in case a claim for a road traffic accident (art. 74 par. 2 lit. a SVG) was brought into court, the NBI would have to be the defendant (art. 76b par. 1 SVG). In other words, legal action has to be taken against the NBI, and not its representative (that means neither "Zurich" nor another representative as a member company or a claim handling company).

According to art. 38 of the Civil Procedure Code (ZPO), the court of the place of the accident, the court of the place of the registered office of the NBI and the court of the place where the NBI has a branch office are competent in case of a lawsuit filed against the NBI. The registered office of the NBI is situated at the registered office of the managing insurer in Zurich. Furthermore, the NBI has two registered branch offices, one in Lausanne, and the other in Lugano. According to the previously mentioned exchange of notes between Switzerland and Liechtenstein, persons which have their residence in Liechtenstein can take legal action against the NBI in Liechtenstein in addition to the previously mentioned places.

The handling fee applicable in the relations between bureaux is calculated in accordance with the rules approved by the Council of Bureaux during the General Assembly 2001 in Andorra. The Swiss correspondent is free to agree with the insurer that requested its approval the method for calculating its handling fees. 

Handling fees NBI...