Can a driver who causes an accident intentionally and flees the scene be compensated by insurance in Vietnam?

Can a driver who causes an accident intentionally and flees the scene be compensated by insurance in Vietnam?

Pursuant to Clause 2 Article 7 of the Decree 67/2023/NĐ-CP stipulating the scope of insurance and exclusion of liability insurance are two important terms in insurance law as follows:

Scope of insurance and exclusion of liability insurance

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2. Exclusion of liability insurance

The insurance company is not responsible for compensating for insurance in the following cases:

a) Intentional acts of the vehicle owner, driver, or victim causing damage.

b) The vehicle owner or driver who intentionally flees the scene of an accident and does not fulfill the civil liability of the vehicle owner. If the vehicle owner or driver who intentionally flees the scene of an accident has fulfilled the civil liability of the vehicle owner, then this is not a case of exclusion of liability insurance.

c) The driver does not meet the age requirements under the Road Traffic Law; the driver does not have a driver's license or uses an invalid driver's license according to the law on training, testing, and issuing driver's licenses for motor vehicles, a driver's license is erased or used an expired driver's license at the time of the accident or uses an invalid driver's license for vehicles that must have a driver's license. If the driver is temporarily deprived of the right to use a driver's license or has his driver's license revoked, he is considered to have no driver's license.

d) Damage causing indirect consequences including: reduction in commercial value, damage associated with the use and exploitation of damaged property.

dd) Damage to property caused by a driver driving a motor vehicle with a blood or breath alcohol level exceeding the normal value according to the instructions of the Ministry of Health; using drugs and prohibited stimulants according to the law.

e) Damage to property that is stolen or robbed in an accident.

gDamage to special property including: gold, silver, precious stones, valuable documents such as money, antiques, rare paintings, corpses, and bones.

h) Damage caused by war, terrorism, or earthquakes.

In conclusion, if the driver who caused the accident intentionally flees the scene and does not fulfill the civil liability of the vehicle owner, then the insurance company will not have to compensate for insurance in this case.

What are the responsibilities of the insured party when an accident occurs in Vietnam?

Pursuant to Clause 2 Article 7 of the Decree 67/2023/NĐ-CP stipulating the responsibilities of the insured party when an accident occurs in Vietnam as follows:

- To provide information and documentation to the insurance company as soon as possible after the accident. This information may include the name and contact information of the insured party, the name and contact information of the other parties involved in the accident, the details of the accident, and any photographs or videos of the accident.

- To cooperate with the insurance company's investigation into the accident. This may involve providing a statement to the insurance company or attending an interview with the insurance company's investigator.

- To comply with all applicable laws and regulations related to the accident. This may include providing medical care to any injured parties or reporting the accident to the police.

Can an insurance company refuse to sell insurance for a vehicle that has expired its registration period in Vietnam?

Pursuant to Clause 5 Article 4 of the Decree 67/2023/NĐ-CP stipulating as follows:

General principles

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5. Insurance companies have the right to refuse to sell compulsory insurance in the following cases:

For compulsory civil liability insurance for vehicle owners:

Vehicles that have expired their service life according to the law.

For compulsory fire and explosion insurance:

Facilities with fire and explosion risks that have not been approved for fire and rescue according to the law.

Facilities with fire and explosion risks that do not have a safety inspection report on fire and rescue by the competent police agency or the inspection report has expired for 1 year from the date of issuance to the date of purchase of compulsory fire and explosion insurance.

Facilities with fire and explosion risks are being temporarily suspended or terminated due to violations of the law on fire prevention and fighting.

For compulsory insurance in construction activities:

The insured party does not meet all the necessary construction operating conditions stipulated in the Construction Law and implementing documents.

Therefore, insurance companies are entitled to refuse to sell compulsory civil liability insurance for vehicles that have expired their service life.

Best regards!