Headlines 21/01/2021 16:53 CH

Mandatory motor vehicle and motorbike insurance: 8 cases in which coverage disclaimer clauses are applied

Nguyễn Ân

This is the highlight of the Decree No. 03/2021/NĐ-CP regarding compulsory insurance for civil liability of road vehicle owners.

According to this Decree, insurers are granted immunity from payment of indemnities in the following cases:

 (1) Road vehicle owners or suffered persons deliberately cause damage.

 (2) The at-fault driver intentionally flees the accident scene to avoid his/her exposure to civil liability assumed by the road vehicle for the accident (except the case of intentionally running away but having already assumed the civil liability of the vehicle owner).

 (3) The driver is under age or too old to operate a road vehicle; does not hold a license or hold an invalid license or the one not issued by a competent authority, erased or expired at the time of occurrence of the accident, or not suitable for road vehicles requiring driving licenses, etc.

 (Current regulations laid down in the Decree No. 103/2008/NĐ-CP only prescribe coverage exemptions are applied to the act of "Driving without holding driver's licenses or with driver’s licenses not appropriate for road vehicles requiring driver’s licenses").

 (4) Damage indirectly results in reduced commercial value, damage associated with the use and operation of damaged property.

 (5) Damage to property is caused by driving with blood or breath alcohol contents, and under the influence of narcotic drugs and banned psychotropic substances (Currently, the Decree 103 is not setting out this regulation).

 (6) Damage to property is caused by the act of theft or robbery occurring in the accident.

 (7) Damage is caused to special property, such as gold, silver, precious jewels and other valuable papers, e.g. banknotes, antiques, precious or valuable paintings or photos, corpses or mortal remains.

 (8) Such incidents as wars, terrorism or earthquakes occur.

Decree No. 03/2021/NĐ-CP is entering into force as of March 1, 2021.



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