Dossier for Mandatory Civil Liability Insurance Compensation for Motor Vehicle Owners Includes What Documents?
What does the compulsory insurance compensation dossier for civil liability of motor vehicle owners include?
Pursuant to Article 13 of Decree 67/2023/ND-CP, the compulsory insurance compensation dossier for civil liability of motor vehicle owners includes the following documents:
(1) A written compensation request.
(2) Documents related to the motor vehicle and the driver (Certified copies from the original or copies verified by the insurer after comparison with the original or photographic copies):
- Vehicle registration certificate (or a certified copy from the original vehicle registration certificate along with the original receipt from the credit institution still valid, replacing the original vehicle registration certificate during the period the credit institution holds the original vehicle registration certificate) or documents for vehicle ownership transfer and vehicle origin documents (in case there is no vehicle registration certificate).
- Driver's license.
- Identity card or citizen identification card or passport or other personal identification documents of the driver.
- Insurance certificate.
(3) Documents proving health, life damage (Copies from medical facilities or copies verified by the insurer after comparison with the original or photographic copies). Depending on the extent of personal injury, this may include one or several of the following documents:
- Injury certificate.
- Medical record.
- Death extract or death notice or a confirmation document from the Police authority or forensic examination results from the forensic authority in the case where the victim died in the vehicle or due to an accident.
(4) Documents proving property damage:
- Valid invoices, documents, or proof of repairs, replacement of damaged property due to the accident (in case the insurer carries out the repairs, rectifies the damage, the insurer is responsible for collecting these documents).
- Bills, invoices, and documents related to expenses incurred by the motor vehicle owner to mitigate losses or to follow the insurer's instructions.
Note: The insurance buyer, the insured person is responsible for collecting and sending the above 4 documents to the insurer.
(5) Copies of relevant documents from the Police authority in accidents causing death to third parties and passengers or in cases requiring verification of the accident due to third party's complete fault, including: Investigation, verification, accident resolution notification, or investigation conclusion notification.
The insurance enterprise is responsible for collecting these documents.
(6) Inspection report by the insurer or the person authorized by the insurer.
The insurance enterprise is responsible for collecting these documents.
(7) Court decision (if any).
The court decision is collected and sent to the insurer by the policyholder or the insured person.
Thus, the compulsory insurance compensation dossier for motorcycles and cars includes the above documents.
What documents does the compulsory insurance compensation dossier for civil liability of motor vehicle owners include?
What is the duration of compulsory insurance for civil liability of motor vehicle owners according to Decree 67/2023/ND-CP?
Pursuant to the provisions of Article 9 of Decree 67/2023/ND-CP as follows:
Insurance duration
1. The minimum duration of compulsory civil liability insurance for motor vehicle owners is 1 year and the maximum is 3 years, except for the following cases where the insurance duration is less than 1 year:
a) Foreign motor vehicles temporarily imported, re-exported with a traffic participation period in the Socialist Republic of Vietnam territory of less than 1 year.
b) Motor vehicles with a utilization period of less than 1 year according to legal provisions.
c) Motor vehicles subject to temporary registration according to the regulations of the Minister of Public Security.
2. In case the motor vehicle owner has multiple vehicles participating in insurance at different times during the year but in the following year wants to bring them to the same insurance time for management, the insurance duration of these vehicles can be less than 1 year and equal to the remaining effective period of the first insurance contract of that year. The insurance duration of the following year for insurance contracts, insurance certificates after being brought to the same time is implemented according to Clause 1 of this Article.
3. During the effective period recorded on the insurance certificate, if there is a transfer of motor vehicle ownership, the old motor vehicle owner has the right to terminate the insurance contract as stipulated in Article 11 of this Decree.
According to the above provisions, the minimum duration of compulsory civil liability insurance for motor vehicle owners is 1 year and the maximum is 3 years, except for the following cases where the insurance duration is less than 1 year:
- Foreign motor vehicles temporarily imported, re-exported with a traffic participation period in the Socialist Republic of Vietnam territory of less than 1 year.
- Motor vehicles with a utilization period of less than 1 year according to legal provisions.
- Motor vehicles subject to temporary registration according to the regulations of the Minister of Public Security.
What is the provisional compensation level for health and life damage under compulsory insurance for civil liability of motor vehicle owners?
Pursuant to the provisions of Clause 3, Article 12 of Decree 67/2023/ND-CP, the provisional compensation level for health and life damage under compulsory insurance for civil liability of motor vehicle owners is stated as follows:
- In cases where it is determined that the accident falls under the scope of compensation for damage:
+ 70% of the estimated insurance compensation level according to regulations for one person in one accident in the case of death.
+ 50% of the estimated insurance compensation level according to regulations for one person in one accident in the case of body injury.
- In cases where it is not yet determined that the accident falls under the scope of compensation for damage:
+ 30% of the insurance liability limit according to regulations for one person in one accident in the case of death and estimated injury rate of 81% or more.
+ 10% of the insurance liability limit according to regulations for one person in one accident in the case of an estimated injury rate from 31% to under 81%.
After the provisional compensation is carried out, the insurer has the right to request the motor vehicle insurance fund to reimburse the provisional compensation amount in cases where the accident is identified as falling under the insurance exclusion category or outside the insurance scope.
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