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Law on compulsory motor third party liability insurance for injuries caused by vehicles adopted in final reading

  • 22.04.2022
  • 2209

The Parliament adopted on April 21, 2022 the draft law on compulsory motor third party liability insurance for injuries caused by vehicles in final reading.

The purpose of the document is to transpose several provisions of Directive 2009/103 / EC of the European Parliament and of the Council of 16.09.2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability.

The goal of the draft law is to establish a clear and predictable mechanism for continuous monitoring of the compulsory motor third party liability insurance market via appropriate and specific to financial sector instruments.

The most relevant elements included in the project concern: special provisions regarding the suspension, rescission and termination of the MTPL contract; rules on the application of MTPL insurance; provisions on the law applicable to the place of the accident; amicable accident settlement procedure; the insurer commitment regarding the communication to MTPL applicant of the insurance premium amount which is to be paid, other details related to its calculation, the correction coefficients and the insurer’s duty to keep parties informed regarding the settlement of the claim.

The document also contains legal provisions on the termination of the MTPL contract, rules for suspension of internal MTPL contracts - during the period of suspension of the right to use the vehicle, as well as during the period when the insured has withdrawn the licence plates or when police department picked them up. The new law introduced at the same time the concept of “direct settlement”, based on which the insured can call for an auxiliary claims management service by the MTPL insurers of their own insured persons. Thus, when an accident occur, the insured shall interact with his own insurer and not with the insurer of the injured party.

The draft law also provides for the deadline by which the MTPL insurer is forced to take a decision on the settlement of the claim and to pay the insurance indemnity – within one month from the date of claim when the file is fully completed, and within three months when the file is not yet completed.

To avoid manipulations with the amount of indemnity and with expenses related to vehicle reparation, the new law set insurers to mandatory use automated information assessment systems in the automotive field. They use prices from the manufacturers' catalogues for spare parts, components and other materials needed for reparation and comply with the requirements set out in the regulatory framework of the supervisory authority.

The draft law provides also the limited liberalization of the MTPL insurance premium so that insurers are to apply the reference premium set by the supervisory authority.

A separate chapter of the law deals with the payment of indemnities for non-pecuniary damage because of an injury or death of persons involved in a road accident. For situations when an accident causes damages or destruction to the goods, the document provides for the increasing of the liability limits covered by the MTPL insurance from one million MDL to a level of EUR 100,000. The indemnity limit for bodily injuries and death caused by one and the same accident has been set at EUR 100,000 per injured (natural person) but no more than EUR 500,000 per accident, regardless of the number of injureds, which is paid in MDL at the official exchange rate announced by the National Bank of Moldova on the date of the accident.

The new law shall be applicable after 12 months past its publication date in the Official Journal of the Republic of Moldova.

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