On 12 August 2026, the European Union (Motor Insurance) (Amendment) Regulations 2026 (S.I. No. 416/2026) (the 2026 Regulations) were published, giving further effect to Articles 1(1) and 16 of the 6th Motor Insurance Directive (Directive (EU) 2021/2118).
The 2026 Regulations expand and harmonise the existing claims-history statement regime for motor insurance in Ireland. In particular, they introduce new requirements relating to the issuance and recognition of claims-history statements, establish non-discrimination obligations in relation to policyholders moving between EU Member States and create criminal offences for non-compliance. The changes are intended to facilitate the recognition and portability of motor vehicle claims histories across EU Member States.
Insurers writing motor insurance covering risks in Ireland (vehicle insurers) should review their claims-history statement procedures, underwriting practices, and compliance frameworks to ensure they comply with the amended requirements.
Claims-History Statement Requirements
The 2026 Regulations amend the European Communities (Motor Insurance) Regulations 2010 (the 2010 Regulations) and enhance the previous claims-history statement regime.
The existing obligation on vehicle insurers to provide, upon request by a policyholder, a written statement of third-party liability claims relating to the insured vehicle(s) over at least the preceding five years of the contractual relationship within 15 days continues to apply. In this respect, the 2026 Regulations largely formalise the existing regime by introducing the concept of a “claims-history statement”, without altering the underlying timeframe for compliance.
Vehicle insurers are now required to prepare and publish on their website a general overview of their policies regarding the use of claims-history statements when calculating motor insurance premiums. This represents a new transparency obligation and will require insurers to review existing public disclosures and policy documentation.
Non-Discrimination Measures
A key feature of the amendments is the introduction of specific non-discrimination requirements relating to claims-history statements issued in other Member States. In particular:
- Regulation 4(3) of the 2010 Regulations now prohibits vehicle insurers from discriminating against a policyholder, or applying a premium surcharge, on the basis of nationality or solely on the basis of the policyholder’s previous Member State of residence when considering claims-history statements issued in another Member State.
- Regulation 4(4) of the 2010 Regulations requires vehicle insurers to give claims-history statements issued in other Member States the same status and evidential value as equivalent Irish claims-history statements. This obligation applies both generally and where such statements are used to determine eligibility for premium discounts.
The non-discrimination requirements give effect to the broader policy of harmonizing Member State treatment of claims-history statements within the EU, particularly in terms of recognition and portability. They are complemented by other EU requirements, including Commission Implementing Regulation (EU) 2024/1855, which prescribes a standardised format for claims-history statements.
Criminal Offences
Notably, the 2026 Regulations inserts a new Regulation 4A into the 2010 Regulations, which creates two criminal offences. These are:
- where an insurer knowingly or recklessly provides information in a claims-history statement that is false or misleading in a material respect; and
- where an insurer otherwise fails to comply with an obligation imposed under Regulation 4.
A vehicle insurer convicted of either offence may be subject to a fine and/or imprisonment, with summary proceedings capable of being brought and prosecuted by the Central Bank of Ireland.
Next Steps
The 2026 Regulations took effect from 12 August 2026. Given the introduction of criminal sanctions, insurers should review their claims-history statement procedures, premium-setting practices and website disclosures to ensure compliance with the amended requirements.
If you would like to discuss the impact of the 2026 Regulations or the steps your organisation may need to take to comply with the new requirements, please contact Eoin Caulfield, Ian Murray, Niall Campbell, any member of the Insurance team, or your usual William Fry contact.
Contributed by Ellis Witcher.
