What is included in the compulsory motorbike insurance claim dossiers in Vietnam? What is the deadline for claim request and payment of compulsory motorbike insurance?
What is included in the compulsory motorbike insurance claim dossiers in Vietnam?
Pursuant to Article 15 of Decree No. 03/2021/ND-CP stipulating as follows:
Insurance enterprises are responsible for cooperating with insurance buyers and relevant parties in producing insurance claim dossiers and being legally responsible for accuracy, adequacy and legitimacy of insurance claim dossiers. Insurance claim dossiers shall compose of following documents:
(1) Documents related to vehicles, vehicle operators (certified true copies or copies bearing confirmation of insurance enterprises) provided by insurance buyers or insurance beneficiaries:
- Vehicle registration (or certified true copies of vehicle registration and original copies of valid notice of receipt of credit institutions during the period in which the credit institutions hold original copies of vehicle registration) or documents on transfer of vehicle ownership and certificates of vehicle origin (in case vehicle registration is not available).
- Driving license.
- ID cards, Citizen Identity Cards, passports or other personal documents of vehicle operators.
- Certificates of insurance.
(2) Documents proving damage to life and/or health (copies of medical establishments or copies bearing confirmation of insurance enterprises) provided by insurance buyers or insurance beneficiaries:
- Written proof of injuries.
- Medical records.
- Excerpts of death certificates, death notices, written confirmation of police authorities or assessment results of forensic examining bodies in case victims decease while mounting vehicles or decease due to accidents.
(3) Documents proving property damage provided by insurance buyers or insurance beneficiaries:
- Valid invoices and instruments on repair and/or replace of properties damaged due to traffic accidents (in case insurance enterprises repair and remediate the damage, the insurance enterprises are responsible for collecting such documents).
- Documents, invoices and instruments related to additional costs incurred by motor vehicle users to reduce the damage or follow instructions of insurance enterprises.
(4) Copies of relevant documents of police authorities collected by insurance enterprises in lethal accidents for third party and passengers, including: notice of traffic accident investigation, verification, resolution results or notice of accident investigation and resolution results.
(5) Assessment records for identifying causes and levels of damage produced by insurance enterprises on the basis of consensus between insurance enterprises and insurance buyers, insurance beneficiaries.
What is included in the compulsory motorbike insurance claim dossiers in Vietnam? What is the deadline for claim request and payment of compulsory motorbike insurance?
In which case must motorbike insurance enterprises pay advance compensation?
Pursuant to Clause 2, Article 14 of Decree No. 03/2021/ND-CP stipulating as follows:
Insurance claims
1. If accidents within insurance liabilities occur, insurance enterprises must reimburse insurance beneficiaries for the payment that has been made or will be made to the accident victims by the insurance beneficiaries.
In case insurance beneficiaries decease or lack legal capacity according to judicial decisions, insurance enterprises shall directly compensate the accident victims, victims’ heirs (in case the victims have deceased) or victims’ representatives (in case the victims lack legal capacity according to judicial decisions or are under 16 years of age).
2. Within 3 working days after being notified by insurance buyers or insurance beneficiaries about accidents, insurance enterprises must pay advance compensation for damage to health and lives, to be specific:
a) In case accidents have been identified to be within scope of compensation:
- 70% of insurance claims as per the law/person/case in case of fatalities.
- 50% of insurance claims as per the law/person/case in case of bodily injuries receiving emergency medical treatment.
b) In case accidents have not been identified to be within scope of compensation:
- 30% of insurance liabilities as per the law/person/case in case of fatalities.
- 10% of insurance liabilities as per the law/person/case in case of bodily injuries receiving emergency medical treatment.
3. Insurance claims:
a) Specific compensation for health and lives is determined for each type of injury and casualty under Schedule for health and life compensation under Annex I attached to this Decree or according to agreement (if any) between insurance beneficiaries and victims or victims’ heirs (in case the victims have deceased) or victims’ representatives (in case the victims lack legal capacity according to judicial decisions or are under 16 years of age) but must not exceed the amount specified under Annex I attached to this Decree. In case judicial decisions are made, judicial decisions shall prevail as long as the amount specified under Annex I attached to this Decree is not exceeded.
...
Thus, within 3 working days after being notified by insurance buyers or insurance beneficiaries about accidents, insurance enterprises must pay advance compensation for damage to health and lives according to the above provisions.
What is the deadline for making claim of motorbike insurance enterprises in Vietnam?
Pursuant to Article 16 of Decree No. 03/2021/ND-CP stipulating the deadline for making claim of motorbike insurance enterprises in Vietnam as follows:
Deadline for claim request and payment
1. Deadline for requesting claims shall be 1 year from the date on which accidents occur except for cases of delay due to objective reasons or force majeure as per the law.
2. Within 5 working days from the date on which accidents occur (except for force majeure), insurance buyers or insurance beneficiaries must send notice of accidents in writing or electronically to insurance enterprises.
3. Deadline for making claim of insurance enterprises shall be 15 days from the date on which adequate applications for insurance claims are received and 30 days from the date on which adequate applications for insurance claims are received in case verification is required.
4. In case of rejecting insurance claims, insurance enterprises must inform insurance buyers or insurance beneficiaries in writing about reasons of rejection within 30 days from the date on which adequate applications for insurance claims are received.
Thus, deadline for making claim of insurance enterprises shall be 15 days from the date on which adequate applications for insurance claims are received and 30 days from the date on which adequate applications for insurance claims are received in case verification is required.
LawNet
