Pristina, April 17, 2025 – The Ombudsperson published report number 367/2022 regarding the amendment of Article 4 of the Regulation on the implementation of the bonus-malus system. In the report, the Ombudsperson concludes that the obligation of owners to pay more for the insurance of their vehicles has resulted in the violation of the property rights of vehicle owners.

In the Republic of Kosovo, there is a system of rules that regulate vehicle issues, road traffic rules and compulsory motor third party liability insurance. In this regard, the Ombudsperson noted that according to the Law on Compulsory Motor Liability Insurance, the bonus-malus system is applied as a corrector of the amount of the insurance premium, based on the history of damages caused by the insured.

The Ombudsperson, taking into account the provisions of the regulation in Article 4, paragraphs 6, 7, 8, 9 and 10, has observed that vehicle owners who have not caused any damage during the insurance year, but in the following year do not register their vehicles according to the time specified in Article 4, paragraphs 6, 7, 8, 9 and 10, in addition to not being subject to the bonus system (reduction in insurance premiums), are subject to a malus (increase in insurance premiums).

Taking into account the above provisions, the Ombudsperson considers that the Regulation has not carried over the spirit of the Law on Compulsory Motor Liability Insurance and as a result has violated the property of the owners of vehicles, which are not registered according to the deadlines of paragraphs 6, 7, 8, 9 and 10, of Article 4.

Finally, the Ombudsperson considers that it is necessary to amend the Regulation on the Implementation of the Bonus-Malus System, namely Article 4, paragraphs 6, 7, 8, 9 and 10, to harmonize with the spirit of the Law on Compulsory Motor Liability Insurance, namely the price of the insurance payment to be based solely on the history of claims of the insured.

The Ombudsperson, taking into account the circumstances highlighted above, recommends that the Central Bank of the Republic of Kosovo amend the Regulation on the Implementation of the Bonus-Malus System, namely to delete paragraphs 6, 7, 8, 9 and 10 of Article 4 of the Regulation.

Full report in English available soon at www.oik-rks.org