Draft on Cases Where Insurance Does Not Cover Car and Motorcycle Damage

This is one of the notable contents in the Draft Decree on compulsory civil liability insurance for motor vehicle owners, which is currently seeking public comments and will replace Decree 103/2008/ND-CP.

Cases where insurance does not cover damage to cars and motorcycles

Cases where insurance does not cover damage to cars and motorcycles (Draft) - Illustrative photo

To be specific:, according to this Draft, the insurer will not cover damages in the following cases:

- Intentional acts causing damage by the vehicle owner, driver, or the damaged party.

- The driver intentionally flees after causing an accident, not fulfilling the civil obligations of the vehicle owner or the motor vehicle driver. In cases where the driver intentionally flees after causing an accident but fulfills the civil obligations of the vehicle owner or the motor vehicle driver, this does not fall under the insurance exclusion clause.

- The driver is under the legal driving age as per road traffic law regulations; The driver does not have a driving license. In cases where the driver's license is temporarily or permanently revoked, it is considered that the driver does not have a driving license; The driving license is invalid; The driving license has expired at the time of the accident; The driver's license is not appropriate for the type of motor vehicle that requires a driving license.

- Indirect damages caused, such as: reduction in commercial value, damages associated with the use and exploitation of the damaged property.

- Damages to properties that are stolen or robbed during the accident.

- War, terrorism, earthquakes.

- Damages to special properties including: gold, silver, precious stones, money, valuable papers such as money, antiques, rare paintings, corpses, remains.

- Property damage in cases where the driver is driving the vehicle with alcohol concentration in blood or breath, using drugs and stimulants prohibited by law.

Thus, if this content in the Draft is approved, from the effective date of this Draft, there will be more situations where cars and motorcycles will not be compensated by the insurer. To be specific:, in addition to the previously stipulated cases in Decree 103, forthcoming new cases such as the driver being under the legal driving age as per road traffic law regulations, and the driver operating the vehicle with alcohol concentration in blood or breath, using drugs and stimulants prohibited by law will also not be entitled to compensation from the insurer.

For detailed content, see more HERE.

Nguyen Trinh

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