Can motor vehicle users who intentionally cause damage be compensated by an insurance enterprise in Vietnam?

Can motor vehicle users who intentionally cause damage be compensated by an insurance enterprise in Vietnam?

Pursuant to Article 13 of Decree 03/2021/ND-CP regulations on insurance exclusion as follows:

Insurance enterprises shall not compensate for following cases:

1. Damage done intentionally by motor vehicle users, motor vehicle operators or victims of the accidents.

2. Vehicle operators intentionally fleeing the scene after committing accidents without exercising civil responsibilities of motor vehicle users. Vehicle operators intentionally fleeing the scene after committing accidents and exercising civil responsibilities of motor vehicle users shall not be included under insurance exclusion.

3. Operators who are not within adequate age range to operate motor vehicles as per road traffic laws; operators who do not carry legitimate, proper driving license (driving license with template number at the back inconsistent with the latest template number in information system for managing driving license) issued by competent authorities at the time of accidents or carry inappropriate driving license when operating motor vehicles which require specific driving license.  In case driving license of operators are revoked or suspended, the operators are considered to be not carrying driving license.

4. Damage that causes indirect consequences including: reduced commercial value, damage related to use and utilization of damaged assets.

5. Damage to assets caused by operators who have alcohol in breath or blood, or use narcotics or other prohibited stimulants as per the law.

6. Damage to assets which are lost or stolen as a result of the accidents.

7. Damage to special assets including: gold, silver, precious stones, financial instruments namely money, antiques, precious fine arts, and cadavers.

8. War, acts of terrorism, earthquake.

Thus, motor vehicle owners who intentionally cause damage will be excluded from insurance liability and the insurance company will not pay for the damage in Vietnam.

In the above case in Vietnam, if the assessment concludes that the man driving the motorbike was intentional, the insurance company will not pay for the damage caused by the man. Therefore, you can sue for compensation from the above man.

In case of an accident, who conducts damage assessment in Vietnam?

Pursuant to Article 12 of Decree 03/2021/ND-CP regulating damage assessment as follows:

1. In case of accidents, insurance enterprises or individuals authorized by insurance enterprises must closely cooperate with motor vehicle users, motor vehicle operators and third party or legal representatives of relevant parties in assessing damage to identify cause and level of damage. Assessment results must be made into documents bearing signatures of relevant parties. Cost for damage assessment shall be incurred by insurance enterprises.

2. In case motor vehicle users or motor vehicle operators fail to agree on causes and level of damage identified by insurance enterprises, both parties may solicit independent assessors unless otherwise agreed upon under insurance contracts.  In case parties fail to agree on soliciting independent assessors, either party may request courts where the damage is done or where insurance beneficiaries reside to appoint independent assesors.  Conclusion of independent assessors is obligatory for the parties.

3. In case conclusion of independent assessors differs from conclusion of insurance enterprises, insurance enterprises must pay for the independent assessors. In case conclusion of independent assessors corresponds with conclusion of insurance enterprises, motor vehicle users and motor vehicle operators must pay for the independent assessors.

4. In case assessment cannot be implemented due to force majeure or objective causes, insurance enterprises may rely on records and conclusions of competent authorities and relevant documents to identify causes and level of damage.

Thus, when an accident occurs in Vietnam, the insurance company or the person authorized by the insurance company coordinates closely with the motor vehicle owner, driver and third party or legal representatives of the parties involved carry out loss assessment.

Best regards!