LAW NO. 19.887 AMENDS LAW NO. 18,490 ON TRAFFIC ACCIDENT INSURANCE Having present that the National Congress has given its approval to the following Bill: " Single article.-Please introduce the following amendments to the law No. 18,490: 1. Amend Article 1 1 as follows: (a) Replace the second part of the first indent by the following: " In addition, if the vehicle does not have insurance for personal and material damage caused by a traffic accident, the vehicle shall be taxed with a garment (b) It shall be made available to the court concerned in order to answer for the compensation referred to in this law. '(b) Replace the second indent by the following:' This insurance shall not be required for transport vehicles and (a) in respect of which rules on insurance are applied under conventions (a) where they may be contracted with domestic or foreign insurance companies that have representation in Chile or have concluded agreements with them or with Chilean insurance companies. " 2. In the following form: (a) In the first indent, the following amendments are inserted: (1) Add, following the words "insured vehicle", the first time mentioned, the words "or their representatives". (2) Replace the words "is bound" by "shall be bound", and (3) Replace the phrase "within the fifth day, counted" by "within thirty days, counted". (b) Defeat its second indent. 3. Add to Article 11, the following second indent, new: " The insurer may also repeat against the owner of a vehicle which, not counting with current insurance, would have made him liable for the payment of any amount by way of the compensation provided for in this law, without prejudice to the liability of the competent court to determine, in short, the competent court. " 4. Replace, in the second paragraph of Article 12, the words 'pedestrians or persons not transported' by the phrase 'pedestrians, persons not transported or where it is not possible to establish in which vehicle the persons concerned were travelling'. 5. Add in Article 13, the following second indent, new: " The receipt by the insurer of the documentary evidence of the payment of any of the compensation provided for in this insurance will result in the interruption of the prescription, (a) even if some of the records referred to in Article 30 have been issued. '; 6. Add in the second paragraph of Article 22, following the words "the victim of the accident of transit", the phrase "family or beneficiary contemplated in this law". 7. Add, to Article 24, the following third subparagraph, new: " For the purposes of this law, it shall also be deemed to be third parties affected, persons transported in an unsecured vehicle which would have intervened in an accident with any insured vehicle, with the exception of the owner of the uninsured vehicle. '. 8. Replace Article 25 by the following: " Article 25.-Personal accident insurance shall guarantee the following allowances: 1. An amount equivalent to 300 units of promotion in the event of death; 2. An amount equivalent to 300 units In the case of total permanent incapacity, 3. An equivalent amount of up to 200 units of promotion in the event of partial permanent incapacity, with the final amount being a proportion of the maximum compensation, according to the classification that the effect is done in the policy, and 4. An equivalent amount of up to 300 units of promotion by way of expenses of hospitalization or medical care, surgical, dental, prosthesis, implants, pharmaceutical and any other that is required for its rehabilitation. These 300 units of promotion shall be used only for the payment or co-payment of the expenditure indicated above. Temporary disabilities of any species shall not be entitled to any other compensation than that referred to in paragraph 4 of the preceding paragraph. Compensation for medical, surgical and hospitalization expenses shall not exceed the amounts specified in the policy. " 9. Replace the second paragraph of Article 26 by the following: " Do not deduct from the compensation to be paid in the event of total incapacity the sums paid by the insurer for expenses of hospitalization or medical care, surgical or pharmaceutical. " 10. The following second indent, passing the current second indent, is inserted in Article 29: " Such an investigation or the determination of the nature and degree of incapacity referred to in the preceding Article shall not exceed Thirty days since its presentation. " 11. Repeal Article 34, number 3, passing the current numbers 4 and 5 to 3 and 4, respectively. Transitional Article.-The amendments introduced by this law shall apply from the year 2004, from the date of the start of the period of renewal of the respective driving licences for the various types of motor vehicles, It is due to be renewed on 1 April or within the months of May or September of that year. For motor vehicles which obtain their driving licences for the first time, this law shall apply from 1 January 2004. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 8 July 2003.-RICARDO LAGOS ESCOBAR, President of the Republic.-Javier Etcheberry Celhay, Minister of Transport and Telecommunications. What I transcribe for your knowledge.-Guillermo Diaz Silva, Undersecretary of Transportation.