Act on compulsory insurance for motorists (compulsory insurance law) PflVG Ausfertigung date: 05.04.1965 full quotation: "compulsory insurance act of April 5, 1965 (BGBl. I p. 213), most recently by article 2 paragraph 48 of the law of 1 April 2015 (BGBl. I p. 434) has been changed" stand: last amended by art. 2 par. 48 G v. 1.4.2015 I 434 indirect change by article 8 G v. 19.10.2012 I 2182 , and by article 5 G v. 24.4.2013 I 932 is considered recast article 1 G v. 5.4.1965 I 213 udB "law on compulsory insurance for motorists (compulsory insurance)" for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.4.1983 +++) (+++ requirements due to EinigVtr cf. PflVG annex EV;)
the requirements are no longer applicable +++) the G as article 1 of the G v. 5.4.1965 I 213 of the Bundestag with the consent of the Federal Council decided. It entered into force article 7 of this G on the 1.10.1965 accordance with.
Input formula the Bundestag has decided with the consent of the Federal Council the following law: first section compulsory insurance § 1 of the owner of a motor vehicle or trailer with regular site in Germany is obliged to conclude a liability insurance policy to cover the injury caused by the use of the vehicle, damage to property and other damages according to the following rules for himself, the owner and the driver and to maintain when the vehicle on public roads or places (§ 1 of the road traffic law) is used.
§ 2 (1) section 1 does not apply to 1. the Federal Republic of Germany, 2 countries, 3. the municipalities with more than one hundred thousand inhabitants, 4. the municipal associations and syndicates, only public bodies belong, 5 legal persons, the one according to § 1 paragraph 3 No. 3 of the insurance supervision Act by the insurance supervisory authority indemnified liability compensation coverage received, 6. holder of a) motor vehicles, whose maximum speed determined by the construction does not exceed six kilometres per hour , b) self-propelled work machines and forklifts in the sense of § 3 para 2 sentence 1 No. 1 letter a of the vehicle registration regulation, whose maximum speed does not exceed 20 kilometers per hour, if they are not subject to the rules on the authorisation procedure, c) trailers, which are not subject to the rules on the authorisation procedure.
(2) pursuant to paragraph 1 Nos. 1 to 5 vehicle exempted from compulsory insurance have, if not on the basis of a concluded by them and corresponding to the provisions of this Act insurance liability insurance protection is granted to join damage of the kind referred to in § 1 for the driver and the other people who would get coverage through an insurance completed on the basis of this Act, in the same manner and to the same extent as an insurer for existence of such insurance. The obligation is limited to the amount of the established minimum insurance sum. Is causing a personal injury or property damage, the vehicle owner in relation to a third party is liable also if the driver intentionally and unlawfully brought about the admission of fact for which he is responsible third party. § 12 para 1 sentence 2 to 5 shall apply mutatis mutandis. The provisions of §§ 100 to 124 of the German insurance contract law as well as § § 3 and 3B as well as the motor vehicle insurance regulation to apply mutatis mutandis. Obligations of the vehicle pursuant to sentence 1, he may require the sections 116 and 124 of the insurance contract Act replacement of the applied amounts in by analogy with, if in existence of insurance of the insurer against the driver or other additionally insured person had been power-free; In addition, the recourse of the holder towards these persons is excluded.
§ 3 the insurer to the policyholder to the performance is required, because the vehicle was the construction and operating rules of the road or performed by an unauthorized driver or a driver without the required licence, the insurer cannot refer by way of derogation of the German insurance contract law the third party by section 117, paragraph 3, sentence 2 on the way, to gain compensation for his damage from another damage insurer or by a social security institution. As far as the third but one according to § 2 para 1, no. 1 to 5 vehicle exempted from compulsory insurance can also attain their compensation for his damage, eliminates the performance obligation of the insurer.
section 3a (1) makes the third party the claim according to § 115, par. 1 of the German insurance contract law, the following provisions apply in addition: 1 the insurer or claims representative have the third immediately, at the latest within three months, to present a reasoned offer of compensation, if liability is not contested and the damage was estimated at, or to give a reasoned response to the statements contained in the application that has been provided that the liability is denied or is not clear or the incomplete assessment of damage. The period begins with receipt of the application with the insurer or the claims representative.
2. is presented the offer within three months, is to pay interest on the claim of the third party with the interest rate arising after § 288 paragraph 1 sentence 2 of the German civil code. Further claims of third parties remain unaffected.
(2) as far as the claims of the German Office of the system of the Green International according to § 12 health insurance card or the compensation fund, is to apply paragraph 1 in accordance with.
§ 3 b includes the purchaser of the vehicle sold a new motor vehicle liability insurance, without to terminate the insurance relationship flowed to him, considered this at the beginning of the new insurance contract terminated.
§ 4 (1) to meet the purpose of this law protection and determined to make sure the Federal Ministry of Justice in accordance with Community legislation as well as of the European Convention of 20 April 1959 on the compulsory liability insurance for motor vehicles (BGBl. 1965 II S. 281) in agreement with the Federal Ministry of finance and the Federal Ministry of transport, building and urban development by Decree without the consent of the Federal Council the extent of the necessary insurance cover , the insurance contract has to grant. This also applies to the case that required to have insurance to cover the damages caused during the transport of dangerous goods by motor vehicles is established by law or Community law obligations.
(2) the minimum height of the sums of insured resulting from the investment. The Federal Ministry of Justice is authorised, in agreement with the Federal Ministry of transport, building and urban development and the Federal Ministry of Economics and technology by Decree without changing the provisions taken in the approval of the Bundesrat, if this is necessary to 1 when changes in economic conditions or the technical circumstances to ensure adequate protection of the injured party, or 2. the minimum height of the insured sum to that referred to in article 9 (2) of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 on the liability and the enforcement of the corresponding insurance obligation (OJ L 263 of October 7, 2009, p. 11) to adjust higher amounts.
Arise on the basis of the number of seats of the passenger vehicle, the insurance refers, increased minimum insurance sum, so the insurer in the cases of § 117 liable 1 and 2 of the German insurance contract law for the damage inflicted a single person only in the context of the not increased minimum insurance sum para.
§ 5 (1) the insurance can be taken only when an insurance undertaking authorized in Germany to operate of the motor vehicle liability insurance.
(2) the insurance undertakings authorised in Germany to operate of the motor vehicle insurance are obliged to offer insurance against liability the persons referred to in article 1 under the statutory provisions. This obligation also when to be insured that risk is half-sentence 2 of the insurance supervision law in Germany situated according to section 13a para 2 sentence 2 No. 2.
(3) the request to conclude of a liability insurance contract for bikes, cars and station wagons up to 1 ton payload capacity shall be deemed adopted, the principles governing the operation of the insurance undertaking and the general corporate rate if the insurer it within a period of two weeks rejects in writing of the receipt of the application to or due to a higher risk of detectable shall submit a written offer different from the general corporate rate. By sending the Declaration of rejection or the offer, the deadline is maintained. Sentence 1 does not apply for the insurance by taxes, passenger car rental and self drive rental vehicles.
(4) the application may be rejected only if factual or local restrictions in the business plan of the insurance undertaking preclude the conclusion of the contract, or if the applicant was insured with the insurance company and the insurance company 1.
due to threat or arglistiger deception has challenged the insurance contract, 2. the insurance contract for breach of precontractual duty of disclosure or due to non-payment of the first premium has resigned or announced 3. the insurance contract due to delay in premium or after the occurrence of an insured event.
(5) the insurance relationship ends no later than 1 if it started on the first day of a month, a year after this date, 2 if it started at a different time to the the first month following at the end of the year.
It is extended by one year, if it is terminated not later than one month before expiration in writing. The same applies if the contract period is therefore less than a year, because a lying before the expiry of one year after the start of the insurance time has been agreed upon as the beginning of the next insurance period. A shorter term than a year has been agreed, in other cases is needed to the termination of the insurance contract of no termination.
(6) the insurer has handed an certificate of insurance to the policyholder on commencement of the insurance cover. The delivery can be made subject by the payment of the first premium.
(7) the insurance company has a certificate of its duration, the number and data during the term of the agreement reported damages, which have led to a damage payment or even effective provision for outstanding claims to exhibit; the policyholder upon termination of the insurance contract is the provision reversed within a period of three years after their formation been, without that it services have been provided, the insurer also informed has a certification to teach. During the insurance contract, the insurance undertaking to grant a certificate to the policyholder at any time pursuant to sentence 1 within 15 days of receipt of the corresponding desire at the insurance company has.
(8) the insurance with an insurer not incorporated in domestic in the provision of services is completed, thus, have the insurance certificate and the confirmation of insurance to also contain information about the name and the address of the representative appointed pursuant to section 8, paragraph 2, sentence 1.
§ 6 (1) who used a vehicle on public roads or places or use permitted, although for the vehicle third party liability insurance contract required pursuant to section 1 does not or no longer exists, is punishable by up to one year or punished with fines.
(2) the perpetrator is due to negligence, the penalty is up to six months or a fine of imprisonment up to one hundred eighty daily rates.
(3) the Act has been committed intentionally, the vehicle can be indented when it heard the perpetrators or participants at the time of the decision.
§ 7 which is Federal Ministry for transport, building and urban development authorized to carry out the first section of this Act in agreement with the Federal Ministry of Justice and the Federal Ministry of Economics and technology by decree with the consent of the Federal Council regulations to enact about 1 the shape of the proof of insurance;
2. the examination of proof of insurance by the approval authorities;
3. the refund of the display of the insurance undertaking to the competent approval authority to terminate his liability under § 117 paragraph 2 of the German insurance contract law;
4. measures of the traffic authorities, which is to prevent the use of not or not sufficiently insured vehicles on the road.
Second section responsibilities of motor vehicle liability insurers, information and statistics section 8 are (1) insurance undertakings that are authorised to operate of insurance for motor vehicles and trailers with regular site in Germany committed, the statutory services and contributions to the German Insurance Office responsible for the implementation of the agreement on the international insurance card, as well as in accordance with § 13 of this Act of established compensation fund or to another with the fulfilment of these tasks entrusted to legal person and achieving established or recognized tribunal according to section 13a. Let the booked the premiums or the number of insured risks, the German Office of insurance, the compensation fund and the Tribunal with regard to the Kraftfahrzeug-Haftpflichtversicherungen made by them in the Federal Republic of Germany pursuant to this Act.
(2) insurance undertakings providing motor insurance for motor vehicles and trailers with regular site in Germany in the provision of services, are obliged to appoint a representative resident or established which has to meet the requirements under section 13 c of the insurance supervision Act domestically. Claims of motor vehicle liability cases against the insurance companies can be made and out of court claims against the representative appointed pursuant to sentence 1 with effect for and against the insurance company. The representative appointed pursuant to sentence 1 is also obliged to provide information on the existence or the validity of this law subject liability insurance contracts with the insurance company.
section 8a (1) being a helpdesk set up, the injured party, their insurers 2 to request the following information transmitted, the German Office of the system of the Green international insurance card and the compensation fund under § 12 under the conditions of the sentence, as necessary for the assertion of claims for damages in connection with the participation in road traffic: 1. name and address of the insurer of the damaged vehicle, as well as in the Federal Republic of Germany designated claims representative , 2. the number of the insurance policy and the date of termination of the insurance cover, unless it has expired, 3. vehicles that according to article 5 (1) of Directive 2009/103/EC from compulsory insurance are exempt, the name of the service or body that is liable to the injured party under applicable law, 4. name and address of the registered keeper of the vehicle or, as far as the information centre can obtain the information referred to in paragraph 2 , the owner of the vehicle or of the ordinary driver. § 39 para 1 of the road traffic Act shall apply mutatis mutandis.
Victims are entitled to contact if they have resided in the Federal Republic of Germany, if the vehicle that you want to have caused the accident, is normally based in the Federal Republic of Germany, or if the accident in the Federal Republic of Germany took place on the helpdesk.
(2) the information shall invites set 1 the regulatory authorities or the Kraftfahrt-Bundesamt or recognized information centres in individual cases to transfer of the information and they established in the other Member States of the European Union and in the other States party to the agreement on the European economic area pursuant to article 23 (1) of Directive 2009/103/EC referred to in paragraph 1. You delivered the in those States referred to in article 23 paragraph 1 of Directive 2009/103/EC established or recognized information centres on a request from the information pursuant to paragraph 1 sentence 1, as far as the provision of information to victims is necessary to.
(3) the duties and powers of the information centre under paragraphs 1 and 2 are from the GDV Dienstleistungs GmbH & Co. KG - "central call of the car insurer" - perceived in Hamburg as soon as and to the extent these in writing has declared their willingness to do so the justice compared to the Federal Ministry. The Federal Ministry of Justice Announces the Declaration and the time from the affected items are perceived by the central call of the car insurer, in the Federal Gazette. The central call of the car insurer is, insofar as it carries out the tasks, supervised by the Federal Ministry of Justice. The Federal Ministry of Justice is authorised by Decree without the consent of the Federal Council the duties and powers the information centre after to transfer paragraphs 1 and 2 of the institution referred to in section 13, as far as the performance of duties by the central call of the car insurer is not guaranteed or it is no longer willing to carry out the tasks.
(4) insurance companies, which is granted to the licence to operate of the motor vehicle liability insurance for motor vehicles and trailers in Germany have the information pursuant to paragraph 3 as well as in the other Member States of the European Union and the States party to the agreement on the European economic area pursuant to article 23 (1) of Directive 2009/103/EC established or recognised sources of information the names and addresses to share according to section 7 b of the insurance supervision law of ordered claims representative and any changes in this information.
§ 9 (1) it runs an annual Community statistics on the claims experience in insurance. She must contain information about the type and number of insured risks, number of reported claims, reimbursement services and provisions (claims expense), the damage frequency, average damage and the damage needs.
(2) if the insurance carrier and their associations to provide no sufficient the requirements of paragraph 1 Community statistics, the statistics is run by the Federal Agency for financial services supervision.
(3) the results of the statistics are to publish annually by the Federal Agency for financial services supervision.
§ 10 (1) insurance company headquartered in Germany, operate the motor vehicle liability insurance pursuant to this Act, the supervisory authority submit the data required for the management of statistics according to § 9.
(2) as far as insurance companies operate motor insurance headquartered in Germany outside of the scope of this law in a Member State of the European Community or in another Contracting State to the agreement on the European economic area, you are the authority in § 9 para 1 sentence 2 to inform listed for each Member State separately.
§ Is authorised 11 the Federal Ministry of finance in agreement with the Federal Ministry of Justice and the Federal Ministry of Economics and technology Ordinance to legislate the content, form and the outline of the motor vehicle liability insurance statistics for leading section 9 as well as the periods, the content, the form and the number of messages to be submitted by the insurance companies.
Third section of compensation fund for damages resulting from motor vehicle accidents and compensation body for international accidents article 12 (1) a personal injury or property damage is caused by the use of a motor vehicle or a trailer within the territorial scope of this Act, may be one, because these damage claims against the holder, the owner or the driver of the vehicle is entitled to, assert these claims against the "compensation fund for damages resulting from motor vehicle accidents" (Compensation Fund) , 1 if not determined the vehicle damage is caused by its use, can be 2 if that fails due to a law required liability insurance for the benefit of the holder, of the owner and the driver of the vehicle, 2a.
If the holder of the vehicle pursuant to section 2 para 1 No. 6 or after one in implementation of article 5 (2) of Directive 2009/103/EC adopted provision of another Member State of the European Union from the insurance requirement is exempt, 3. If for the damage that has been caused by the use of the measured or not measured vehicle, that's why no cover granted a liability insurance policy or would grant , because the indemnifiable the admission of the fact that he is responsible for the person entitled to compensation, intentionally and unlawfully caused, 4. If the insurance supervisory authority must request for opening of insolvency proceedings against the assets of the debtor insurer or, if the insurer is domiciled in another Member State of the European Union or a Contracting State of the agreement on the European economic area, a similar action is taken by the competent authorities.
This only applies if the replacement person entitled in the cases of the numbers 1 to 3 proves that he neither by the holder, the owner or the driver of the vehicle in all cases able to gain compensation for his damage pursuant to sentence 1 by an insurer of damage or an Association of liability insurers authorised in Germany to conduct business. The liability of the compensation fund is eliminated, as far as is the spare beneficiaries able to gain compensation for his damage, according to the regulations about the breach of official duty or as far as the damage, is offset by services of a social security institution through continuation of service - or official references, remuneration or wages or granting of a pension. In case of a negligent breach of duty the liability on the basis of the provisions on the breach of official duty the obligation of compensation fund is by way of derogation from § 839 para 1 sentence 2 of the civil code. The obligation of the settlement fund for claims due to the damage to equipment of rail, air and road transport, as well as the traffic accounted for inland waterways including the things associated with these facilities, as well as due to the damage to equipment of energy supply or telecommunications.
(2) in the cases of paragraph 1 No. 1 claims may be asserted against the compensation fund BGB only according to § 253 para 2, if and as far as the compensation due to the particular gravity of the infringement to prevent a gross inequity is required. For material damage, set 1 No. 1 which exceeds the liability of the compensation fund to the amount of 500 euro confined in the cases of paragraph 1. Claims for compensation of damage to the vehicle of the person entitled to compensation can be claimed in addition sentence 1 No. 1 only in the cases of paragraph 1, if the compensation fund on the basis of the same event to the compensation for the killing of a person or the substantial injury to body or health of the person entitled to compensation or an occupant of the vehicle is required.
(3) the claim of the replacement person entitled against the compensation fund barred in three years. The limitation period commences at the time in which the replacement person entitled by the damage and the circumstances become aware, from which derived, that he may assert his claim against the compensation fund. Is the claim of the replacement eligible for the compensation fund has been registered, the limitation period is until receipt of the written decision of the compensation fund and, if the Board of arbitration (§ 14 No. 3) called been is, of the agreement proposal of the Arbitration Board inhibited. In the case of paragraph 1 sentence 1 No. 4 is the Statute of limitations elapsed against the debtor insurer included.
(4) Furthermore, conditions and extent of the obligation of the compensation fund as well as the obligations of the replacement person entitled to the compensation fund determined according to the regulations valid for a liability insurance concluded on the basis of this Act for the relationship between the insurer and the third party in the event that the insurer is free the policyholders across from the obligation to perform. In the cases of paragraph 1 sentence 1 number 4 is determined the liability of the compensation fund after the agreed insurance sum; She cannot exceed three times the statutory minimum insurance sum. In the cases of paragraph 1 Nos. 2 and 3 have to meet a policyholders of the holder, the owner and the driver of the vehicle to the compensation fund for commitments that occurrence of the insurance case against the insurer.
(5) the compensation fund may demand of the people for their obligations to pay compensation to enter he referred to in paragraph 1, as a mandated reimbursement of expenses.
(6) the claims of the replacement person entitled against the holder, the owner and the driver of the vehicle, as well as a remedy which is available to the party entitled to replacement or the holder, the owner or the driver of the vehicle against an other person liable, are transferred to the compensation fund, as far as this replaces the damage the party entitled to replacement. The transition may not be relied upon to the detriment of the person entitled to compensation. Is the party entitled to substitute his claims or right serving to secure the claim on, so deleted as far as the liability of the compensation fund, from the claim or the right replacement would have can gain when he. As far as the compensation fund claims meets No. 4 referred to in paragraph 1, whose compensation are limited to the policyholder and additional insureds on 2,500 euros each. The limitation of claims applies in the cases of paragraph 1 sentence 1 number 4 for those claims against the policyholder and the insured with, as far as a liability of the compensation fund referred to in paragraph 1 sentence 2 and 3 eliminates. These claims to the policyholder on a total of 2 500 euros and compared to insureds on a total of 2 500 euros argue that several legitimate claims for compensation are limited; the payment is made according to the ratio of the amounts.
(7) in the case of paragraph 1 sentence 1 No. 4 are the insurer and according to § 8 para 2 sentence 1 of appointed representatives, the provisional liquidator as well as the insolvency administrator (section 22 paragraph 1 sentence 1, § 56 of the insolvency regulation), the special representative appointed by the supervisory authority as well as all persons who are entrusted with the administration of the motor vehicle liability insurance contracts including the regulation of claims attributable to these contracts are to be , committed to the compensation fund to provide the information necessary for the performance of his duties, to hand over the necessary documents and to support him in the settlement.
(1) is the use of a motor vehicle or a trailer from abroad after December 31, 2002 a personal injury or property damage caused by so the one who takes up residence in the Federal Republic of Germany and due to this damage is entitled to claims for compensation against the liability insurer of the damaged vehicle, can assert this subject to paragraph 4, against the "Tribunal for damages from foreign accidents" (Tribunal) , 1 if the insurance undertaking or its claims representative within three months from the assertion of the claim for compensation to the insurance undertaking of the vehicle the use of which caused the accident, or the claims representative gave no reasoned answer to the statements contained in the claim for compensation, or 2. where the insurance undertaking contrary to article 21 (1) of Directive 2009/103/EC in the Federal Republic of Germany has appointed a claims representative , except that the injured party has filed an application for refund directly with the insurance company and is been granted by this period of three months a reasoned response to the compensation requests or presented a reasoned offer or 3 if not the vehicle or insurance company within a period of two months after the accident can be determined.
An application for refund is not allowed if the injured party has initiated legal action directly against the insurance undertaking.
(2) the Tribunal shall immediately inform 1 the insurance undertaking of the vehicle, which should have caused the accident, or which in the Federal Republic of Germany of ordered claims representative, 2. the compensation body in the Member State of the European Union or the Contracting State of the agreement on the European economic area, in which the branch of the insurance undertaking has its seat, which issued the insurance policy, 3. the person who is to have caused the accident , if it is known, 4. the German Office of the system of the Green international insurance card and the Green Card Bureau of the country in which the accident has, if the damage creating vehicle has his habitual residence not in this country, 5 in the cases of paragraph 1 No. 3 the guarantee fund within the meaning of article 10 (1) of Directive 2009/103/EC of the State , where the vehicle is normally based, if the insurance undertaking cannot be identified or, if the vehicle cannot be determined, the guarantee fund of the State in which the accident, happened, that a request is received on compensation for her and that she will enter on this request within two months.
(3) the compensation body shall act within two months after receipt of a damages request of the injured party, completes the operation however if the insurance undertaking or its claims representative at this time given a reasoned response to the compensation requests or submits a reasoned offer. This does not happen it regulated the claim in question, taking into account the facts of the case in accordance with the applicable law. She can make use of other persons or bodies, in particular an insurance company prepare to take over the regulatory or claims processing company, for this purpose. In addition the procedure is determined (3) of Directive 2009/103/EC according to the agreement between the compensation bodies referred to in article 24.
(4) has the accident in a State occurred, which is not the Member State of the European Union or Contracting State of the agreement on the European economic area, the injured party under the conditions of paragraph 1 can cause a request for reimbursement to the Tribunal, if caused the accident by the use of a vehicle, is insured and there is normally based in a Member State of the European Union or Contracting State of the agreement on the European economic area, and when the national insurance Office () Article 1, point 3 of Directive 2009/103/EC) of the State in which the accident occurred, joined the system of green card.
§ 12b as far as the compensation body replaced the party entitled to substitute the damage according to section 12a, goes the claim of the replacement person entitled against the holder, the owner, the driver and an other person liable on the Tribunal. The transition may not be relied upon to the detriment of the person entitled to compensation. As far as a Tribunal within the meaning of article 24 of Directive 2009/103/EC of other Tribunal be refunded an amount paid as compensation flowed on the latter Tribunal, the claims of the injured party against the holder, the owner, the driver and one other person liable on the first Tribunal over.
§ 12 c (1) which is § 12 compensation fund after committed, paragraph 1 of the directive must reimburse the amount this as compensation for a personal injury or damage to property will pay 2009/103/EC of another Member State of the European Union on the territory of that Member State by a vehicle caused a compensation fund within the meaning of article 10 was, whose Halter pursuant to section 2 para 1 No. 6 freed from compulsory insurance is.
(2) as far as the compensation fund be reimbursed according to § 12 an amount referred to in paragraph 1, the claims of the injured party against the holder, the owner, driver, flowed to the compensation fund of the other Member State of the European Union and one other persons on the compensation fund under § 12 above.
§ 13 (1) to carry out the tasks of the compensation fund establishes a legal institution of under public law which is considered to be originated with the entry into force of this Act. Bodies of the Institute are the Board of Directors and the Board of Directors. The Institute is under the supervision of the Federal Ministry of Justice. Details about the institution determines the Statute, provided by the Federal Government by Decree without the consent of the Federal Council. Within the scope of this Act to operate of the motor vehicle insurance authorised insurance companies and the insurance damage compensation within the meaning of § 1 para. 3 No. 3 of the insurance supervision law and that pursuant to section 2 are Nos 1 to 4 holder of uninsured vehicles exempted from the insurance obligation is obliged, taking their share of the total stock of vehicles and the type of these vehicles to the Agency to make contributions to cover the compensation payments and administrative costs. Details about contributions determined by decree with the consent of the Bundesrat the Federal Ministry of Justice in consultation with the Federal Ministry of transport, building and urban development, the Federal Ministry of Economics and technology and the Federal Ministry of finance.
(2) the Federal Ministry of Justice is authorized, in consultation with the Federal Ministry of transport, building and urban development, by means of an Ordinance without the consent of the Federal Council to assign the position of the compensation fund of another existing entity the Federal Ministry of Economics and technology and the Federal Ministry of finance, when it is ready to assume the duties of the compensation fund, and if it provides sufficient guarantee for the fulfilment of the claims of the spare beneficiaries. The Ordinance can reserve the approval of the Statute of this legal person the Federal Ministry of Justice and regulate the supervision of the legal person.
(3) the Federal Ministry of Justice is entitled, in consultation with the federal ministries by Decree without the consent of the Federal Council to determine from which date from the Agency (paragraph 1) or the entity designated by a regulation (paragraph 2) of spare legitimate claim can be taken, and to determine that a performance only obligation, if the harmful event has occurred after a date to be determined in the regulation referred to in paragraph 2. The institution is possible but no later than two years after the entry into force of this Act because of the damage occurring after that date, claim, if not up to this point the opportunity has been given the substitute authorized by a regulation, to take another legal person claim.
(4) the compensation fund is exempt from corporation tax, trade tax and the wealth tax.
(5) the expenditure to be no. 4 in one calendar year from the compensation fund for the satisfaction of claims under article 12, paragraph 1 is limited to 0.5 per cent of the total premium income of insurance of the preceding calendar year.
(1) are the duties and powers of the Tribunal according to section 12a of the incorporated association "traffic victim support Association" perceived in Hamburg (traffic victim support), as soon as and as far as this writing has declared his willingness to do so the justice compared to the Federal Ministry. The Federal Ministry of Justice Announces the Declaration and the time at which the affected items perceived by traffic victim support, in the Federal Gazette. The traffic victims is, insofar as it carries out the tasks, supervised by the Federal Ministry of Justice. The Federal Ministry of Justice is authorised to transfer the duties and powers of the Tribunal, as far as the performance of duties by the traffic victim support is not guaranteed or it is no longer willing to carry out the tasks by means of an Ordinance without the consent of the Federal Council according to section 12a of the institution referred to in section 13.
(2) the compensation body is exempt from corporation tax, trade tax and the wealth tax.
§ 14 is authorized the Federal Ministry of Justice, in agreement with the Federal Ministry of transport, building and urban development, the Federal Ministry of Economics and technology and the Federal Ministry of finance to determine that the compensation fund in the cases of § 12 para 1 to join No. 1 for damage, which caused a German outside of the scope of this law and cannot be replaced by a body in the State by Decree without the consent of the Federal Council 1. , where is the accident took place, if necessary, to compensate for a less favourable treatment of the Germans against the nationals of that State;
2. to determine that the compensation fund provides services to foreign nationals without permanent residence in this country only if there is reciprocity, where the conflict not international agreements of the Federal Republic of Germany;
3. to determine a) that a Board of arbitration has to work and, if necessary, to make a reasoned proposal of the agreement the parties in disputes between the person entitled to compensation and the compensation fund on an amicable settlement is made to the compensation fund, b) as the members of the Arbitration Board, which consists of a possessing the qualification of judgeship, qualified and independent Chairman and one of the insurance industry named and a to be attributed to the range of replacement entitled advisors , are to be ordered and as to the procedure of the arbitration board including the costs is to regulate c) claims against the compensation fund claims only in the way of action can be made after proceedings before the Arbitration Board is preceded, if not more than three months have elapsed since the arbitration.
Fourth section transitional and final provisions article 15 a stock of motor vehicle liability insurance policies with the approval of the supervisory authorities for the avoidance of insolvency is transferred to another insurer, so the acquiring insurer can explain the application of the applicable for the company tariff (premium and fare conditions) and its conditions of insurance by the beginning of the next insurance period to when he tells the tariff change in identification of the differences of the old and new tariff at the latest one month before the entry into force of the amendment the policyholder and taught him in writing of his right of cancellation.
Section 16 Article 12, paragraph 4, sentence 2 and paragraph 6 movements 5 and 6 shall not apply for claims incurred prior to May 1, 2013.
Annex to section 4 paragraph 2 (reference: BGBl. I, 1965, 221, concerning the individual changes cf. footnote) minimum insurance sum 1.
For motor vehicles including trailers per damage case a is the minimum amount of insurance money) for personal injury seven and a half million euros, b) for damage to property 1 120 000 euro, c) for which either directly or indirectly with a personal or pecuniary (pure financial loss) damage to property-related 50 000 euro.
2. for vehicles that serve the transportation of people and have more than nine seats (excluding the driver's seat), increase these amounts for the vehicles to the exclusion of the followers of a) for the 10th and each additional space to aa) 50 000 euro for damage to persons, bb) 500 euro for pure financial losses, b) from 81 square off for each additional space to aa) 25 000 euros for personal injury , bb) 250 euro for pure financial losses.
This does not apply to buses and coaches, which are used for teaching and testing purposes only.
3. in the case of trailers the minimum amount of insurance sum for damages, not related to the operation of the motor vehicle within the meaning of section 7 of the road traffic act in relation, and for the damage inflicted to the occupants of the trailer conforms to the amounts referred to in paragraphs 1 and 2 in point 1, with passenger trailers with more than nine seats.
4. to which this group belongs to the vehicle, depends on the entry in the motor vehicle or trailer letter.