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Law on compulsory insurance for motor vehicle owners

Original Language Title: Gesetz über die Pflichtversicherung für Kraftfahrzeughalter

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Law on compulsory insurance for motor vehicle holders (compulsory insurance law)

Unofficial table of contents

PflVG

Date of completion: 05.04.1965

Full quote:

" compulsory insurance law of 5 April 1965 (BGBl. 213), as last amended by Article 2 (48) of the Law of 1 April 2015 (BGBl. I p. 434).

Status: Last amended by Art. 2 para. 48 G v. 1.4.2015 I 434
Indirect amendment by Art. 8 G v. 19.10.2012 I 2182, and by Art. 5 G v. 24.4.2013 I 932 is considered
Recast by Art. 1 G v. 5.4.1965 I 213 udB "Law on compulsory insurance for motor vehicle holders (compulsory insurance law)"

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.4.1983 + + +) 
(+ + + measures due to EinigVtr cf. PflVG Annex EV;
the measures are no longer to be applied + + +)

The G was decided on as Article 1 of the G v. 5.4.1965 I 213 by the Bundestag with the consent of the Bundesrat. It's gem. Article 7 of this G entered into force on 1 October 1965. Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Compulsory insurance

Unofficial table of contents

§ 1

The holder of a motor vehicle or trailer with a regular domestic location is obliged to provide for himself, the owner and the driver a liability insurance cover to cover the personal injury caused by the use of the vehicle, To conclude and maintain property damage and other property damage in accordance with the following provisions if the vehicle is used on public roads or places (§ 1 of the Road Traffic Act). Unofficial table of contents

§ 2

(1) § 1 shall not apply to:
1.
the Federal Republic of Germany,
2.
the countries,
3.
the municipalities with more than one hundred thousand inhabitants,
4.
community associations and special purpose associations, which are exclusively members of public law,
5.
Legal persons who receive cover exempted from liability compensation exempted from insurance supervision pursuant to Article 1 (3) (3) of the Insurance Supervision Act,
6.
Holder of
a)
motor vehicles, the maximum speed of which does not exceed six kilometres per hour,
b)
Self-proponent working machines and forklifts within the meaning of Article 3 (2), first sentence, point 1 (a) of the Vehicle Registration Regulation, the maximum speed of which does not exceed 20 kilometres per hour, if it does not comply with the rules governing the authorisation procedure not subject to
c)
Trailers which are not subject to the rules governing the authorisation procedure.
(2) The vehicle owners exempted from compulsory insurance pursuant to paragraph 1 (1) to (5) shall have insurance cover provided that they are not covered by an insurance scheme concluded by them and corresponding to the provisions of that law. in the event of damage of the type referred to in § 1, to the driver and the other persons who would be covered by a liability insurance scheme concluded under this law, to enter in the same manner and to the same extent as Insurers in the event of the existence of such liability insurance. The obligation shall be limited to the amount of the minimum amounts of insurance fixed. If a person or property damage is caused, the vehicle holder shall also be liable in relation to a third party even if the driver has intentionally and unlawfully brought about the entry of the fact for which he is responsible to the third party. Section 12 (1) sentences 2 to 5 shall apply accordingly. The provisions of § § 100 to 124 of the Insurance Contract Law as well as § § 3 and 3b as well as the Motor Vehicle Compulsory Insurance Regulation are to be applied in a reasonable way. If the owner of the vehicle meets the obligations laid down in the first sentence, he may, in accordance with § § 116 and 124 of the Insurance Contracts Act, demand compensation for the amounts raised if the insurer is insured against the existence of an insurance policy. the driver or the other co-insured person would have been free of performance; otherwise, the holder's recourse to such persons shall be excluded. Unofficial table of contents

§ 3

If the insurer is not obliged to perform the contract with the policyholder, because the vehicle does not comply with the construction and operating rules of the road traffic registration order or from an unauthorised driver or a driver without the required driving licence, the insurer may not, by way of derogation from Section 117 (3) sentence 2 of the Insurance Contract Law, refer the third party to the possibility of compensation for its damage from another insurance company or from a social security institution. However, in so far as the third party can obtain compensation for his damage from a vehicle holder exempted from the obligation pursuant to section 2 (1) no. 1 to 5, the insurer's obligation to pay is no longer required. Unofficial table of contents

§ 3a

(1) In addition, the following provisions shall apply to the third party's power pursuant to Section 115 (1) of the Insurance Contract Law:
1.
The insurer or the claims representative shall submit to the third party, without delay, no later than three months, a reasoned offer of damages if the entrance fee is undisputed and the damage has been reported , or a reasoned reply to the presentation contained in the application, provided that the entry obligation is or is not clearly established or the damage has not been fully covered. The time limit shall begin with access of the application to the insurer or to the claims representative.
2.
If the offer is not submitted within three months, the claim of the third party is to be galvanissed with the interest rate resulting from the second sentence of Section 288 (1) sentence 2 of the Civil Code. Any further claims of the third party shall remain unaffected.
(2) In so far as the claims settlement is made via the German office of the system of the Green International Insurance Card or the compensation fund in accordance with § 12, paragraph 1 shall apply accordingly. Unofficial table of contents

Section 3b

If the acquirer of an sold-out vehicle closes a new motor vehicle liability insurance without terminating the insurance relationship which has been transferred to him, this insurance relationship shall be deemed to have been terminated at the beginning of the new insurance relationship. Unofficial table of contents

§ 4

(1) In order to ensure protection which is in accordance with the purpose of this Act, the Federal Ministry of Justice shall determine, subject to compliance with Community law obligations and the European Convention of 20 April 1959, the following provisions: Compulsory civil liability insurance for motor vehicles (BGBl. 281), in agreement with the Federal Ministry of Finance and the Federal Ministry of Transport, Building and Urban Development, by means of a regulation without the consent of the Federal Council, the extent of the necessary insurance protection, which the The insurance contract shall be granted. This also applies in the event that the law or the Community legal obligation provides for an obligation to insure insurance to cover the damage caused by motor vehicles to the transport of dangerous goods. (2) The minimum level of the minimum Insurance sums are the result of the installation. The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Economics and Technology, by means of a legal regulation without the consent of the Federal Council, which shall be , if necessary, to amend the provisions of the Annex to this Directive, in order to
1.
ensure, in the event of a change in economic or transport circumstances, adequate protection of the injured parties; or
2.
the minimum amounts of insurance to those referred to in Article 9 (2) of Directive 2009 /103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles and the control of such insurance Insurance obligation (OJ L 327, OJ L 263, 7.10.2009, p. 11).
If, due to the number of seats in the passenger vehicle to which the insurance relates, the insurer is liable in the cases of § 117 (1) and (2) of the Insurance Contract Law for the one of the persons who are insured under the insurance contract any damage inflicted on a single person only within the limits of the non-increased minimum insurance amounts. Unofficial table of contents

§ 5

(1) The insurance may only be taken in the case of an insurance undertaking authorised to operate the motor vehicle liability insurance in the country. (2) The domestic liability insurance company authorized to operate the insurance against civil liability in respect of the motor vehicle Insurance companies are obliged to provide the persons referred to in § 1 with insurance against liability in accordance with the statutory provisions. This obligation also exists if the risk to be insured under Section 13a (2), second sentence, No. 2, second sentence, of the Insurance Supervision Act is situated in Germany. (3) The application for the conclusion of a civil liability insurance contract for two-wheelers, Passenger and combination motor vehicles up to 1 tonne payload shall be deemed to have been accepted in respect of the principles governing the operation of the insurance undertaking and of the general business tariff if the insurer does not take it within a period of time of two weeks from the receipt of the application in writing, or because of a the higher risk of a written offer deviating from the general company's tariff. The time limit shall be maintained by the dispatch of the rejection declaration or the offer. The first sentence shall not apply to the insurance of taxis, car rental cars and self-driving vehicles. (4) The application may only be rejected if factual or local restrictions in the insurance undertaking's business plan are completed by the conclusion of the if the applicant has already been insured with the insurance undertaking and the insurance undertaking has already been insured by the insurance undertaking
1.
has challenged the insurance contract for threat or fraudulant deception,
2.
has withdrawn from the insurance contract for breach of the pre-contractual notification obligation or for non-payment of the first premium, or
3.
has terminated the insurance contract on the basis of premium default or after an insurance case has entered into force.
(5) The insurance relationship shall end at the latest,
1.
when it started on the first day of a month, a year after that date,
2.
if it has started at a different point in time, on the month following the end of a year.
It shall be renewed for one year if it is not terminated in writing at the latest one month before the expiry of the period. The same applies if the duration of the contract is less than one year only because the beginning of the next period of insurance has been agreed upon before the end of one year after the date of the insurance commencement. If, in other cases, a shorter contract term is agreed as one year, no termination is required to terminate the insurance relationship. (6) The insurance company has the policyholder at the beginning of the insurance cover. to issue an insurance confirmation. The delivery may be made conditional on the payment of the first premium. (7) The insurance undertaking has a certificate of the duration, number and data of the policyholder at the end of the insurance relationship. the duration of the contract shall be notified of damage which has resulted in damage payment or an effective claim for damage; if the provision has been terminated within a period of three years from the date on which it was formed, it shall not be subject to any , the insurer has also provided a issue certificate. During the insurance relationship, the insurance undertaking shall at any time grant the policyholder a certificate in accordance with the first sentence within 15 days of receipt of the corresponding contract with the insurance undertaking. (8) the insurance with an insurance undertaking without a registered office in the territory of the country is concluded in the provision of services, the insurance certificate and the insurance confirmation shall also provide information on the name and address of the insurance company pursuant to § 8 (2) sentence 1 to contain the representative appointed. Unofficial table of contents

§ 6

(1) Anyone who uses a vehicle on public roads or places or permits use, even though the liability insurance contract required by § 1 does not exist or is no longer available for the vehicle, shall be punishable by imprisonment for up to one year (2) If the perpetrator is negligent, the penalty is imprisonment of up to six months or a fine of up to one hundred and eighty daily rates. (3) If the offence has been committed intentionally, the vehicle may be recovered, if it belongs to the perpetrator or participant at the time of the decision. Unofficial table of contents

§ 7

The Federal Ministry of Transport, Building and Urban Development is authorized to implement the First Section of this Act by agreement with the Federal Ministry of Justice and the Federal Ministry of Economics and Technology Ordinance with the consent of the Federal Council to adopt provisions on
1.
the form of proof of insurance;
2.
the examination of the insurance records by the approval bodies;
3.
the reimbursement of the notification of the insurance undertaking to the competent authorisation authority for termination of its liability in accordance with Section 117 (2) of the Insurance Contract Law;
4.
Measures taken by the transport authorities to prevent the use of vehicles in road transport which are not or are not sufficiently insured.

Second section
Obligations of the motor vehicle-civil liability insurer, information centre and statistics

Unofficial table of contents

§ 8

(1) Insurance undertakings authorised to operate motor vehicle liability insurance for motor vehicles and trailers with a regular location in Germany shall be obliged to provide the statutory services and contributions to the Implementation of the Agreement on the International Insurance Card in charge of the German insurance bureau as well as of the compensation fund established pursuant to § 13 of this Law or to another legal entity entrusted with the performance of these tasks. Person and to the compensation body established or recognised pursuant to § 13a . They shall inform the German insurance bureau, the compensation fund and the compensation body relating to the motor vehicle liability insurance made in accordance with this law in the Federal Republic of Germany, the booked Premium amounts or the number of risks insured. (2) Insurance undertakings operating in the service sector for insurance against motor vehicles and trailers with a regular location in the domestic sector are to a representative resident or established in the territory of the country , which has to comply with the requirements of § 13c of the Insurance Supervision Act. Claims arising from motor vehicle liability cases against the insurance undertaking may also be invoked against the representative appointed in accordance with the first sentence and out of court with effect for and against the insurance undertaking. The representative referred to in the first sentence shall also be obliged to provide information on the existence or validity of liability insurance contracts under this law with the insurance undertaking. Unofficial table of contents

§ 8a

(1) A point of information shall be established, the injured parties, their insurers, the German office of the Green International Insurance Card and the compensation fund referred to in Article 12 under the conditions of the second sentence, on request. the following information shall be provided to the extent necessary for the assertion of claims for damages in connection with the participation in road transport:
1.
the name and address of the insurer of the damaging vehicle and of the claims representative designated in the Federal Republic of Germany,
2.
the number of the insurance policy and the date of termination of the insurance cover, provided that the insurance policy has expired,
3.
in the case of vehicles exempted from the obligation of insurance under Article 5 (1) of Directive 2009 /103/EC, the name of the body or body which is liable to the injured party in accordance with the applicable law,
4.
the name and address of the registered vehicle owner or, in so far as the information point may obtain this information in accordance with paragraph 2, of the vehicle owner or of the ordinary driver; Section 39 (1) of the Road Traffic Act shall apply accordingly.
Injured persons are entitled to contact the information centre if they are resident in the Federal Republic of Germany, if the vehicle which is to have caused the accident is normally based in the Federal Republic of Germany. or if the accident occurred in the Federal Republic of Germany. (2) The information centre shall request the registration authorities or the Federal Office of the Federal Republic of Germany, as well as those in the other Member States of the European Union and in the other Member States, States Parties to the Agreement on the European Economic Area referred to in Article 23 (1) of Directive 2009 /103/EC, established or recognised information centres, in individual cases, by transmitting the information referred to in the first sentence of paragraph 1. It shall forward to the information centres established or recognised in those States, pursuant to Article 23 (1) of Directive 2009 /103/EC, the information referred to in the first sentence of paragraph 1, in so far as this is used to provide information to injured parties. (3) The tasks and powers of the information office referred to in paragraphs 1 and 2 shall be defined by GDV Dienstleistungs-GmbH & Co. KG-"Zentralruf der Car safer"-in Hamburg, as soon as and as far as this in writing has explained to the Federal Ministry of Justice its willingness to do so. The Federal Ministry of Justice announcates the declaration and the date from which the tasks concerned are perceived by the central reputation of the car insurers, in the Federal Gazette. The central reputation of the car insurance companies is subject to the supervision of the Federal Ministry of Justice insofar as it carries out the tasks assigned to it. The Federal Ministry of Justice is hereby authorized, by means of a regulation without the consent of the Federal Council, to delegate the tasks and powers of the information office referred to in paragraphs 1 and 2 of the institution referred to in Article 13 to the extent that the exercise of the (4) Insurance undertakings which are authorised domestily to operate the motor vehicle liability insurance for motor vehicles in the Member States of the European Union. Motor vehicles and trailers have been issued to the information centre referred to in paragraph 3 as well as the information centres established or recognised in the other Member States of the European Union and the States Parties to the Agreement on the European Economic Area, as referred to in Article 23 (1) of Directive 2009 /103/EC, and Communicate addresses of the claims representative appointed in accordance with Section 7b of the Insurance Supervision Act and any modification of such information. Unofficial table of contents

§ 9

(1) Annual Community statistics on the course of the damage in the insurance against civil liability in respect of the use of motor vehicles shall be carried out. It shall contain information on the nature and number of risks insured, the number of reported losses, the amount of the refund and the provisions (loss of damage), the frequency of damage, the average loss of damage and the need for damage. (2) Where: the institutions of motor vehicle liability insurance and their associations do not provide Community statistics sufficient to satisfy the requirements of paragraph 1, the statistics shall be carried out by the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht). (3) The results of the statistics are provided by the Federal Institute for Financial services supervision to be published annually. Unofficial table of contents

§ 10

(1) Insurance companies domicated in the country who operate the insurance against civil liability in accordance with this Act shall transmit to the supervisory authority the data required for the management of the statistics in accordance with § 9. (2) Insofar as Insurance undertakings domicated within the territory of a Member State of the European Community or in another State Party to the Agreement on the European Economic Area, which are situated within the territory of the Member States of the European Community. In the case of motor vehicle liability insurance, the supervisory authority shall be the persons referred to in the second sentence of Article 9 (1) information for each Member State separately. Unofficial table of contents

§ 11

The Federal Ministry of Finance is authorized, in agreement with the Federal Ministry of Justice and the Federal Ministry of Economics and Technology, to enact provisions on the content, form and structure of the Federal Ministry of Economic Affairs and Technology the motor vehicle liability insurance statistics referred to in § 9 and the time limits, the content, the form and the number of notifications to be submitted by the insurance undertakings.

Third Section
Compensation fund for damage caused by motor vehicle accidents and compensation body for international accidents

Unofficial table of contents

§ 12

(1) If the use of a motor vehicle or of a trailer in the scope of this Act causes damage to persons or property, the person who is liable for damage to the holder, the owner or the owner of the property shall be entitled to compensation for the damage caused by such damage. the driver of the vehicle is also entitled to claim these compensation claims against the "compensation fund for damage caused by motor vehicle accidents" (compensation fund),
1.
if the vehicle for which the damage has been caused may not be determined,
2.
if the liability insurance required under a law does not exist in favour of the holder, the owner and the driver of the vehicle,
2a.
if the holder of the vehicle is exempted from the obligation to provide insurance in accordance with Article 2 (1) (6) or a provision adopted pursuant to Article 5 (2) of Directive 2009 /103/EC of another Member State of the European Union,
3.
if, for the damage caused by the use of the identified or undetermined vehicle, liability insurance would not grant or grant cover because the person liable for replacement would have to pay for the fact that the person liable for the damage was not covered by the that he is responsible for, intentionally and unlawfully brought about,
4.
where the insurance supervisory authority requests the opening of insolvency proceedings relating to the assets of the insurer liable to pay or, where the insurer is situated in another Member State of the European Union, or to a State Party to the Agreement on the European Economic Area, a similar measure shall be taken by the competent supervisory authority.
This shall only apply where, in the cases in points 1 to 3, the person entitled to the replacement credibly makes it credible that he or she is neither from the holder, the owner or the driver of the vehicle nor, in all cases, in accordance with sentence 1, from a claims insurer or an association of In the case of liability insurance companies authorized to operate domestily shall be able to obtain compensation for their damage. The duty of the compensation fund shall not be required, provided that the substitute is able to obtain compensation for his damage in accordance with the rules on the breach of the duty, or to the extent that the damage is caused by the benefits of the compensation fund. Social insurance carrier, by means of payment of remuneration or remuneration, remuneration or wages or by the granting of pension benefits. In the case of a negligent breach of duty, the obligation to replace the compensation fund shall, by way of derogation from § 839 (1) sentence 2 of the Civil Code, be subject to the obligation to provide compensation under the provisions of the obligation to pay the duty. The duty of the compensation fund shall also be waiver in the case of claims for damage to rail, air, road and inland waterway installations, including those linked to such facilities. (2) In the cases referred to in paragraph 1 (1), only claims pursuant to section 253 (2) of the German Civil Code (BGB) can be asserted against the compensation fund if and to the extent that: the performance of compensation due to the particular gravity of the injury to the Avoidance of a rough unbalance is required. In the case of property damage, in the cases referred to in the first sentence of paragraph 1 (1), the obligation to pay the compensation fund shall be limited to the amount exceeding 500 euros. In addition, in the cases referred to in the first sentence of the first paragraph of paragraph 1, claims for compensation for damage to property in the vehicle of the substitute may be claimed only if the compensation fund is responsible for the performance of the compensation fund on the basis of the same event. Compensation for the killing of a person or the serious injury to the body or to the health of the substitute or a vehicle occupant of the vehicle is required. (3) The claim of the substitute against the Compensation fund will be statute-barred in three years. The limitation period shall begin with the date on which the person entitled to the replacement becomes aware of the damage and the circumstances from which it appears that he can claim his replacement claim against the compensation fund. If the claim of the substitute has been filed with the compensation fund, the limitation period shall be until the receipt of the written decision of the compensation fund and, if the arbitration body (§ 14 no. 3) has been called, of the The decision of the Court of Arbitration shall be hammered out. In the case referred to in paragraph 1, first sentence, no. 4, the period of limitation lapsed as against the insurer liable to payment shall be included. (4) The conditions and scope of the obligation to pay the compensation fund as well as the Obligations of the substitute against the compensation fund in accordance with the provisions which, in the event of the existence of a liability insurance for the relationship between the insurer and the third party, concluded under this law, in the event of a liability shall apply to the insurer from the obligation to the policyholder is free of performance. In the cases referred to in the first sentence of the first subparagraph of paragraph 1, the duty of the compensation fund shall be determined on the basis of the agreed sum of the insured sum; it shall be up to three times the statutory minimum insurance sum. In the cases referred to in paragraph 1 (2) and (3), the holder, the owner and the driver of the vehicle shall, in relation to the compensation fund, have the one insured against the insurer after the insurance case has entered into force. (5) The compensation fund may require the persons for whose claims for damages he has to enter under paragraph 1, such as an agent, to claim compensation for his expenses. (6) The replacement claim of the substitutes against the owner, the owner and the driver of the vehicle, as well as a replacement claim, who is entitled to the replacement person or the owner, the owner or the driver of the vehicle against any other person liable to pay the compensation fund, to the extent that the compensation fund is replaced by the compensation fund. The transition cannot be claimed to the detriment of the substitute. If the substitute person gives his or her replacement claim or a right serving to secure the claim, the duty of the compensation fund shall not be required in so far as it could have been replaced by the claim or the right to obtain the compensation. In so far as the compensation fund satisfies the replacement claims referred to in paragraph 1 (4), its compensation claims against the policyholder and the insured persons are limited to 2,500 euros each. In the cases referred to in the first sentence of the first subparagraph of paragraph 1, the limitation of the compensation claims shall also apply to those claims against the policyholder and the insured person, in so far as a duty of the compensation fund referred to in the first sentence of paragraph 1 of this Article is required. and 3. If a number of entitled compensation claims are made, these compensation claims against the policyholder are also limited to a total of EUR 2 500 and are also limited to a total of EUR 2 500; the payment shall be made in accordance with the following conditions: the ratio of the amounts. (7) In the case referred to in the first sentence of the first sentence of paragraph 1, the insurer and his representative ordered pursuant to section 8 (2) sentence 1, the provisional insolvency administrator as well as the insolvency administrator (§ 22 para. 1 sentence 1, § 56 of the insolvency order), the special representative appointed by the supervisory authority, as well as all persons who have the management of motor vehicle liability insurance contracts, including the regulation of claims to be attributed to those contracts, shall require the compensation fund to carry out the duties necessary for the performance of its duties To provide information, to hand over the required documents and to assist him in handling it. Unofficial table of contents

§ 12a

(1) If the use of a motor vehicle or of a trailer abroad causes a person or property damage after 31 December 2002, the person who is resident in the Federal Republic of Germany and who is responsible for the damage caused by the use of a motor vehicle or a trailer is liable to cause damage to the person or property in the Federal In the event of damage to the liability insurer of the damaging vehicle, subject to the provisions of paragraph 4 of this Article, the compensation body shall assert against the "compensation body for damage arising from international accidents" (compensation body),
1.
if the insurance undertaking or its claims representative within three months of making the claim for compensation in respect of the insurance undertaking of the vehicle caused by the use of the accident or the Claims representative has not provided a reasoned reply to the statements contained in the request for damages, or
2.
if, contrary to Article 21 (1) of Directive 2009 /103/EC, the insurance undertaking has not appointed a claims representative in the Federal Republic of Germany, unless the injured party has submitted a request for reimbursement directly to the an insurance undertaking has submitted a reasoned reply to the claim for damages or a reasoned offer within three months of the request, or
3.
if the vehicle cannot be identified or the insurance undertaking can be identified within two months of the accident.
An application for a refund shall not be admissible if the injured party has initiated legal proceedings directly against the insurance undertaking. (2) The compensation body shall immediately inform the Commission of the following:
1.
the insurance undertaking of the vehicle which is to have caused the accident or its claims representative appointed in the Federal Republic of Germany,
2.
the compensation body in the Member State of the European Union or the State Party to the Agreement on the European Economic Area, in which the establishment of the insurance undertaking has its registered office, which is issued by the insurance policy ,
3.
the person who is to have caused the accident, provided that it is known,
4.
the German office of the system of the Green International Insurance Card and the Green Card Office of the country in which the accident occurred, if the saden-sticking vehicle does not have its habitual residence in that country,
5.
in the cases referred to in paragraph 1 (3), the guarantee fund within the meaning of Article 10 (1) of Directive 2009 /103/EC of the State in which the vehicle is normally based, provided that the insurance undertaking cannot be identified; or, where: the vehicle cannot be determined, the guarantee fund of the State in which the accident occurred, the fact that an application for compensation has been received and that it will respond to the request within two months.
(3) The compensation body shall act within two months of receipt of a claim for damages by the injured party, but shall conclude the transaction if the insurance undertaking or its claims representative during that period is one of the parties to the compensation claim. Reasoned reply to the claim for damages or a reasoned offer. If this is not done, it regulates the claim asserted in the light of the facts in accordance with the law applicable. It may serve any other person or entity, in particular an insurance undertaking or a claims settlement undertaking which is preparing to take over the regulation. Moreover, the procedure laid down in Article 24 (3) of Directive 2009 /103/EC is determined by the agreement of the compensation bodies. (4) The accident occurred in a Member State which is not the Member State of the European Union or the State Party of the European Union. , under the conditions set out in paragraph 1, the injured party may apply for a refund to the compensation body if the accident was caused by the use of a vehicle, which: in a Member State of the European Union or State Party to the Agreement on is covered by the European Economic Area and has its habitual location there and if the national insurance bureau (Article 1 (3) of Directive 2009 /103/EC) of the State in which the accident occurred, the system of the Greens Card has joined. Unofficial table of contents

§ 12b

In so far as the compensation body in accordance with Section 12a replaces the damage to the person entitled to compensation, the right of the compensation to the holder, the owner, the driver and any other person liable to the compensation shall be paid to the compensation body. The transition cannot be claimed to the detriment of the substitute. Where a compensation body within the meaning of Article 24 of Directive 2009 /103/EC reimburse to another compensation body an amount paid as compensation, the claims referred to in the last-mentioned compensation body shall be paid to the compensation body the injured person against the holder, the owner, the driver and any other person liable for replacement on the compensation body first referred to as the compensation body. Unofficial table of contents

§ 12c

(1) The compensation fund referred to in § 12 shall be obliged to reimburse a compensation fund within the meaning of Article 10 (1) of Directive 2009 /103/EC of another Member State of the European Union, the amount of which the compensation fund shall pay as compensation. a person or property damage caused in the territory of that Member State by a vehicle whose holder is exempted from the obligation to provide insurance in accordance with Article 2 (1) (6). (2) Insofar as the compensation fund according to § 12 is an amount, shall be reimbursed in accordance with paragraph 1 and shall be reimbursed to the compensation fund of the other The Member State of the European Union shall apply to the compensation fund in accordance with § 12 of the claims of the injured party against the holder, the owner, the driver and any other person liable to pay compensation. Unofficial table of contents

§ 13

(1) In order to carry out the tasks of the compensation fund, a legally competent institution of public law shall be established, which shall be deemed to have been created by the entry into force of this Act. Institutions of the institution are the board of directors and the board of directors. The institution is subject to the supervision of the Federal Ministry of Justice. The statutes, which are established by the Federal Government by means of a regulation without the consent of the Federal Council, are determined by the Federal Government. Insurance undertakings authorized to operate the insurance against civil liability in the scope of this Act and the compensation of liability claims within the meaning of Article 1 (3) (3) of the Insurance Supervision Act and those referred to in § 2 Nrn. 1 Until 4 holders of uninsured vehicles exempted from compulsory insurance are obliged, taking into account their share in the total stock of vehicles and the nature of these vehicles, to contributions to the institution to cover the Compensation and administrative costs. The Federal Ministry of Justice, in agreement with the Federal Ministry of Transport, Building and Urban Development, the Federal Ministry for Economic Affairs and Technology and the Federal Ministry of Finance, will determine the additional contribution to the contribution. by ordinance with the consent of the Federal Council. (2) The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development, the Federal Ministry of Economics and Technology and the Federal Ministry of Economics and Technology Federal Ministry of Finance by means of legal regulation without the consent of the The Federal Council shall assign the position of the compensation fund to another existing legal person if it is willing to take over the duties of the compensation fund and if it provides reasonable assurance as to the performance of the claims of the compensation fund. Replaceauthorized persons. The Federal Ministry of Justice can reserve the right to approve the statutes of this legal person and regulate the supervision of the legal person by means of the legal regulation. (3) The Federal Ministry of Justice is also authorized to act in the Agreement with the Federal Ministries referred to in paragraph 2 by means of a regulation without the consent of the Bundesrat to determine the date from which the institution (paragraph 1) or the legal person referred to in paragraph 2 (2) of the legal regulation ( shall be entitled to claim, and to determine that a person entitled to a replacement shall be entitled to Duty only exists if the harmful event has occurred after a date to be fixed in the Regulation. However, the institution may, no later than two years after the date of entry into force of this Act, be used for the damage resulting from that date, unless, by that date, the person entitled to the replacement shall be entitled by: (4) The compensation fund is exempt from corporate income tax, business tax and wealth tax. (5) The compensation fund is a member of the compensation fund, which is responsible for the compensation of the compensation fund. Satisfaction of claims pursuant to section 12 (1) no. 4 in a calendar year Expenses are limited to 0.5 per cent of the total premium income of the motor vehicle liability insurance of the previous calendar year. Unofficial table of contents

§ 13a

(1) The tasks and powers of the compensation body in accordance with § 12a shall be exercised by the legally competent association "Verkehrsopferhilfe registered association" in Hamburg (transport victim assistance), as soon as and insofar as this is in writing with regard to the Federal Ministry of Justice has declared its readiness to do so. The Federal Ministry of Justice is aware of the declaration and the date on which the affected tasks are carried out by the transport victim assistance, in the Federal Gazette. In so far as it carries out the tasks assigned to it, the aid shall be subject to the supervision of the Federal Ministry of Justice. The Federal Ministry of Justice is authorized to transfer the duties and powers of the compensation body in accordance with § 12a of the institution referred to in § 13 by means of a regulation without the consent of the Federal Council, insofar as the performance of the tasks is carried out (2) The compensation body is exempt from corporate income tax, trade tax and wealth tax. Unofficial table of contents

§ 14

The Federal Ministry of Justice is authorized, in agreement with the Federal Ministry of Transport, Building and Urban Development, the Federal Ministry for Economic Affairs and Technology and the Federal Ministry of Finance, by means of a legal regulation without Approval of the Federal Council
1.
to determine that the compensation fund must also, in the cases referred to in section 12 (1) (1), also be responsible for damages incurred by a German outside the scope of this Act and not replaced by a body in the State in which: the accident has taken place where necessary in order to compensate for the position of the Germans in relation to the nationals of that State;
2.
to determine that the compensation fund provides services to non-resident foreign nationals only in the case of reciprocity, in so far as the Federal Republic of Germany does not comply with international treaties;
3.
to determine
a)
the compensation fund shall be constituted by an arbitration body which, in the event of disputes between the substitute and the compensation fund, shall seek an amicable settlement and, if necessary, establish a reasoned opinion To make a proposal for a solution,
b)
as the members of the arbitration body, who shall be appointed by a competent and independent chairman, who shall be qualified to the office of judges, as well as a person designated by the insurance industry and entitled to an interest in the area of eligible persons the arbitrator, and how the proceedings of the arbitration board, including the costs, are to be regulated;
c)
that claims against the compensation fund can only be asserted in the course of the action after a proceeding has been preceded by the arbitration board, unless more than three months have elapsed since the arbitration has been referred to the arbitration body.

Fourth Section
Transitional and final provisions

Unofficial table of contents

§ 15

If, in order to avoid insolvency, a stock of motor vehicle liability insurance contracts is transferred with the approval of the supervisory authorities to another insurer, the accepting insurer may apply the latter to the company the applicable tariff (premium and tariff provisions) and its insurance conditions from the beginning of the next period of the insurance period, when the policy-holder is informed of the change in tariffs, taking account of the differences between the old and the new Rates notified not later than one month before the date of entry into force of the amendment and in writing to him in writing about his right of termination. Unofficial table of contents

§ 16

Articles 12 (4), second sentence, and 6, sentences 5 and 6 shall not apply to claims that arose before 1 May 2013. Unofficial table of contents

Annex to § 4 (2)

(Fundstelle: BGBl. I 1965, 221;
with regard to of the individual amendments. Footnote) Minimum insurance sums
1.
The minimum level of insurance in the case of motor vehicles, including the trailers, shall be
a)
for personal injury seven and a half million euros,
b)
for property damage 1 120 000 euro,
c)
for the financial losses (pure property damage) which are not directly or indirectly linked to a person or property damage (pure property damage) 50 000 euro.
2.
In the case of motor vehicles which are used for the carriage of persons and have more than nine places (without the driver's seat), these amounts shall be increased for the motor vehicle, excluding trailers
a)
for the 10th and every other place

aa) EUR 50 000 for personal injury,
bb) 500 euro for pure property damage,
b)
of 81. Place for every other place around

aa) EUR 25 000 for personal injury,
bb) 250 Euro for pure property damage.
This does not apply to bus and coach buses which are used exclusively for teaching and testing purposes.
3.
In the case of trailers, the minimum amount of the insurance sum corresponds to the damage which is not related to the operation of the motor vehicle within the meaning of Section 7 of the Road Traffic Act and to the damage inflicted on the occupant of the trailer to the person in question. Number 1, in the case of passengers with more than nine places, the amounts referred to in points 1 and 2.
4.
To which of these groups the vehicle belongs, depends on the registration in the motor vehicle or trailer letter.