Amendments To The Road Transport Owners Civil Liability Compulsory Insurance Law

Original Language Title: Grozījumi Sauszemes transportlīdzekļu īpašnieku civiltiesiskās atbildības obligātās apdrošināšanas likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/237475

The Saeima has adopted and the President promulgated the following laws: land vehicle liability compulsory insurance act of making road transport owners civil liability compulsory insurance Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2004, nr. 10; 2007, 22 no, 23 no; 2008) follows: 1. Article 1: to replace in paragraph 1, the words "provided" by the words "the subject of payment";
to supplement the article with a 10.1 point as follows: "101) direct loss adjustment — damages the system, when the insurer that the injury suffered by the insured vehicle owner's civil liability, the liability insurer of the powers that the owner of the vehicle insured, which suffered damage, to take this legal action or part of them to a third party for claims received;"
make the following point 12: ' 12) vehicle-a) land motor vehicle, a trailer (semi-trailer), moped, which is recorded in the road traffic safety Directorate or the State technical supervision agency, or local government in a foreign country, or registered in, a, b), which is recorded in the tram local Council; ".
2. To make the third paragraph of article 4.1 the second sentence as follows: "If the contract is closed by using the means of distance communication, the insurer sent policyholders a purported proof of the conclusion of the insurance contract, approval shall include a reference to the public road transport owners civil liability compulsory insurance information source website online where possible to ensure free of charge under the insurance contract."
3. in article 5, first paragraph: off 3 and 4;
make paragraph 5 by the following: "(5)) in the Republic of Latvia does not register the vehicle equipped with special road safety Directorate or national technical supervision agency issued the trade number plates of a vehicle intended for the trade to trade or storage space, or test drive with this vehicle."
4. To make article 7, the first paragraph by the following: "(1) international insurance (green card) is an insurance contract that is concluded for a vehicle registered in the Republic of Latvia and participates in road traffic in the country, which is a member of the green card system. On the international insurance (green card) will also be considered as international insurance contract concluded for a vehicle registered in a State which is not a member of the green card system, if such an agreement is concluded provided in international treaties. "
5. Express article 9.1 the following: ' article 9.1. The conclusion of insurance contracts the data "(1) the conclusion of the insurance contract are necessary: 1) personal data (natural persons name, surname, personal code or entity name, registration number);
2) point "a", "b", "c", "d" or "e" in the data of the vehicle: a) vehicle registration data if your vehicle registration certificate has been issued, (b)) the data specified in the retail sale of a vehicle registered in the invoice issued by the merchant-reference or other documents attesting ownership of the owner of the vehicle, if the vehicle is disposed of in the Republic of Latvia, or if it is seized or disposed of in another country to be exported from the country concerned and registered in the Republic of Latvia , c) data specified in the transit number of the card, if the vehicle is provided with a number of transit map, d) the data specified in the trial if the number on the card issued to the pilot number of the vehicle card, e) data specified in the number of trade map, if trading company (merchant), which served the trade number card, a standard switch with regard to new and not previously registered in the Republic of Latvia to the vehicles.
(2) the insurance contract shall specify: 1) of the first subparagraph of paragraph 2, "a" referred to in the certificate of registration of the vehicle number or the first paragraph of this article, paragraph 2, "c", "d" or "e" and referred to it;
2) of the first subparagraph of paragraph 2, "b" referred to the document type, the date and number of the issue, if such a number.
(3) If the insurance contract, the policyholder shall provide the requested information to the insurer the insured risk assessment of the likelihood of accession, the policyholder is responsible for the veracity of the information material provided. "
6. in article 10: replace the fifth subparagraph, the words ' paragraph 1 shall not apply for insurance indemnity costs "with the words" not logged in "cost of claims;
adding to the fifth subparagraph of paragraph 2, after the word "circumstances" with the words "and where, on the basis of the contract, not made the cost of claims";
express the sixth part as follows: "(6) if the vehicle changes owner, based on the retail sale of a vehicle registered to a merchant-issued invoice inquiries or to other documents that clearly certify ownership of the vehicle, or a vehicle due to re-register the registration certificate of the vehicle specified in the owner's or vehicle identification number, or the vehicle is issued a number of transit card or proof of vehicle insurance agreement scrapped and the vehicle owner does not submit the application for termination of insurance contract the insurance contract shall be deemed terminated at the moment when the vehicle based on the ownership of the supporting documents, change owner or vehicle is re-registered, or are provided with a number of transit card or proof of vehicle write-off. In the case of a vehicle leasing contract is considered terminated when the lessee changes that road traffic safety Directorate or the State technical supervision of the Agency and its Director of Technical information system registered as the holder of the vehicle. ';
Add to article 6.1 of the part as follows: "(61) if the insurance contract is terminated to the sixth part of this article in that case and the vehicle owner shall submit a written application to the insurer on the part of the insurance premiums paid back, the vehicle owner is entitled to the insurance premiums paid in part, corresponding to the remaining period to the date of application to the insurance contract expiration and less not more than five percent of the insurance premium for the remaining part of the period If, on the basis of the contract, not the cost of claims apply. ";
to make the seventh part (1) of the following: "1) lease where the vehicle is re-registered and vehicle registration certificate of the vehicle specified in the holder becomes the owner of the vehicle or the vehicle registration certificate of the vehicle specified in the owner becomes the holder of the vehicle;"
Replace paragraph 2 of the seventh part of the first and second part of the number "1" with the words "and the first subparagraph of paragraph 2, the" b "in".
7. Express article 17 the third part as follows: "(3) the insurer in any European economic area country authorised representatives that this country sort of European economic area country living natural person and legal person registered (resident) claims against the insurers because of the accident, which occurred in the European economic area countries, not the injured natural persons of the country of residence or of the country of registration of the legal person (hereinafter referred to as the country of residence) and that loss was caused by a vehicle with the Latvian vehicle registration mark, and make decisions about the cost of the insurance indemnity or refusal to pay the insurance indemnity, as well as the cost of claims. The insurer representative is a European economic area country resident. The insurer shall notify the insurer of the vehicle, the insurer's representative to the Office of the name and legal address. "
8. Article 23: make a fifth by the following: "(5) the funeral expenses are calculated not less than the minimum monthly salary of about eight. If the actual burial expense amount is greater, actually spent are calculated and documented by a certified a reasonable expenditure. ';
Add to article 5.1 part as follows:

(51) the funeral expenses are reimbursed in an amount corresponding to the difference between the fifth part of this article the funeral expenses referred to in and out of the State budget and municipal budgets of death benefit payable is the sum of the calculated due to the victim's death. "
9. Express article 24, first and second subparagraph by the following: "(1) the insurer or insurers pay the Office of State budget and local budget funds, paid for the victims ' treatment, rehabilitation and technical AIDS for purchase or rent and customization.
(2) the insurer or insurers pay the Office of State budget and local budget funds, paid State social insurance services and State social benefits form in connection with a road accident victims. "
10. Express article 25 the following: "article 25. Property damage (1) road accident property damage third parties damages are damages resulting from: 1) due to the damage or destruction of the vehicle;
2) due to the road construction, building or construction damage or destruction;
3) due to the property belonging to another person, with the exception of the first paragraph of article 1 and referred to in paragraph 2, damage or destruction of property;
4) taking the necessary traffic accident victims rescue;
5) due to the victim to medical institution used in vehicle damage or soiling of the cabin of the vehicle;
6) evacuating the vehicles from a road traffic accident;
7) due to damage to the environment.
(2) If the insurance indemnity for the first paragraph of this article of the injury caused to the property of a third party wishes to receive a cash amount, the insurer or the insurer of the vehicle Office pay cash amount corresponding to the statement specified loss amount without value-added tax. If a third party not later than two months after the cost of claims is saremontējus in the vehicle and the insurer or insurers of vehicles shall be submitted to the Office of vehicle repair invoices and proof of payment of the invoice payment, the insurer or insurers pay the Office actually paid value added tax does not exceed the income statement shows the amount of value added tax. "
11. Express article 27, first paragraph, the second sentence by the following: "repair is considered economically unjustified if the estimated repair costs of the vehicle exceeds the amount, calculated as the difference between the value of the vehicle before the accident and damaged the vehicle's residual value after a road traffic accident."
12. Replace the second sentence of article 28, the words "the cognitive intent" with the words "investigation in criminal proceedings".
13. Article 31: replace the third paragraph, first sentence, the words "suffered in the Republic of Latvia of the resident person" with the words "loss" suffered by the residents of the Republic of Latvia ";
adding to the ninth and tenth in the second sentence by the following: "claim for damages can sign up for a year of insurance claims costs."
14. Article 35: replace paragraph 2 numbers and the words "in article 25 (4) and (5)" with numbers and words "article 25, first paragraph, (4) and (5)";
Replace paragraph 12, the word "vehicle" with the word "effects";
to supplement the article with points 13 and 14 by the following: ' 13) loss caused by aerodrome manoeuvring area occurred in a road traffic accident involving vehicle and aircraft;
14) and the lessee under the lease agreement users vehicles damages arising from a road traffic accident involving vehicles leasing transferred to the same lessee who Road Safety Directorate and the driver of the Vehicle in the national register or the State technical supervision of the Agency and its Director of Technical information in the system is designated as the holder of the vehicle. "
15. Article 36: make the first part of paragraph 3 as follows: "3) to provide information on a traffic accident conditions the insurer or insurers of vehicles to the Office five days after its receipt of the request.";
to turn off the second paragraph, the introductory part, the words "immediately (when possible)";
Add to the second paragraph of paragraph 2, after the word "communication" with a number and the words "10 days of road traffic accident days".
16. the express article 37 the first, second and third subparagraph by the following: "(1) the loss was caused in the vehicle owner's civil liability of the insurer or insurers, if the claims of the guarantee fund to be paid immediately, but not later than five days (from the date when the person is eligible for insurance claims, announced the accident insurer or insurers Bureau) provide to insurance claims, the person receiving the damaged goods.
(2) If the first paragraph of this article within the insurer or insurers of vehicles is provided from a damaged Office property inspections, third party has the right to determine the level select expert. In this case, the insurer or the insurer of the vehicle Office: 1) pay the damages based on the third party of the documents submitted in support of the level of the injury caused;
2) pay the third party expenses that it incurred in making a road accident damaged goods expertise.
(3) to carry out technical inspection of the vehicle due to the damage caused to the vehicle in the Republic of Latvia has the right vehicle insurer Office certified expert. If a third party claims for 26 or 27 of this law. losses referred to in article wants to have the amount of money in the form of technical inspection of the vehicle injury is mandatory. "
17. Make the second subparagraph of article 38 paragraph 4 by the following: "4) national revenue issued a statement of the victim's income before the work of accident if the injury suffered by this law, article 19, first paragraph, 2, 3, and 4 losses referred to in paragraph 1. You can not add a certificate, if the person entitled to receive insurance indemnity, has agreed that the statement of the State revenue service requests and receives the insurer or insurers of the Vehicle (if the claims shall be paid from the guarantee fund). If the damage to this law, article 19, first paragraph, point 4, the loss referred to in the certificate request or consent of the insurer or of the certificate receive the vehicles insurer, gives the survivor the person under this Act is entitled to the insurance indemnity, or its representative. "
18. To supplement the law with article 38.1 the following: ' article 38.1. Direct loss of control (1) the insurer has the right to agree on a direct loss adjustment by mutual agreement in accordance with vehicle insurer binding instructions of the Bureau, which determines the rights and obligations of the insurer, the direct loss of control of an insurer, to join the direct loss adjustment systems and withdraw from them, the cost of claims procedures, mutual billing procedures, dispute about the cost of claims handling procedures, obligations and also governed other direct loss adjustment issues.
(2) the agreement on the direct loss, the insurer that the injury suffered by the insured vehicle owner's civil liability, is the right to authorize the insurer to insured by road traffic accident damaged or killed in vehicle owner's civil liability or its authorized person perform the following actions: 1) accept and consider applications for insurance cases as well as to carry out other activities which, in accordance with this Act, required to make a decision on the claims;
2) to take a decision on the claims and make the cost of claims in the statutory time limits.
(3) the insurance contract the insurer at the time and after a road traffic accident has a duty to ensure that traffic accidents involving persons to be informed of the date of notification of the accident and the claims procedure for calling. "
19. Article 39: replace the first, second and third paragraph, the words "the number 36 in the fourth paragraph of article" with a number and the words "in article 36, the second and fourth part";
to supplement the article with the seventh subparagraph by the following:

"(7) If a person entitled to receive insurance compensation is agreed to in writing this article, written information from the insurer to receive by electronic mail or text message to your mobile phone, the insurer is entitled to provide this information in accordance with the received consent."
20. in article 41: Supplement 1 of the first subparagraph of paragraph with "e" paragraph by the following: "(e)) did, making intentional criminal offence;"
Add to the first paragraph of point 2 point "e" with the following: "(e)) the vehicle under the road traffic regulations during the period from 1 December to 1 March was not equipped with tires designed for driving in winter conditions and road traffic accident suffered the injury has a causal connection with that offence;"
to make the second part 4., 5., 6., 7., 8., and paragraph 9 by the following: ' 4) if the insurer paid insurance claims, article 51 of this law in the fifth subparagraph, or in the case referred to in 5.1 and the obligation to pay the insurance indemnity was the insurer;
5) European economic area State guarantee fund (compensation body) If, within three months from the date of this law, article 36, the second and fourth written application referred to in the receipt of foreign insurers, who have contributed to the loss of the insured vehicle or civil liability, it has not sent the information in writing to the applicant claims (for residents of the Republic of Latvia, who brought a claim against a foreign insurer in connection with this country, the underlying claims);
6) European economic area State guarantee fund (compensation body) if the insurer has not appointed a State representative in the Republic of Latvia and in this country occurred in the insurance case, the losses suffered by the residents of the Republic of Latvia;
7) European economic area State guarantee fund (compensation body) if the damage done to this country registered vehicle owners civil liability insurer is not likely to clear up two months after the accident that the losses suffered by the residents of the Republic of Latvia;
8) European economic area State guarantee fund (compensation body) If this has happened in the country in which the accident loss suffered by residents of the Republic of Latvia, but the vehicle is not possible;
9) European economic area State guarantee fund (compensation body) if the damage to the residents of the Republic of Latvia in connection with the national incident caused the insurance event outside of the European economic area countries registered vehicle owner civil liability insurer is not likely to clear up two months after the automobile accident. "
to supplement the article with the fourth paragraph as follows: "(4) the Office of the insurer is entitled to file a recourse under the first paragraph of this article, in cases where it has taken the cost of claims in accordance with this law, article 51, first paragraph, point 5."
21. Article 44, second paragraph: make paragraph 6 by the following: "6) provides the law referred to in article 50 and 50.1 in the provision of information;"
make paragraph 13 and 14 by the following: ' 13) sorts the Latvian resident requirements in connection with the European economic area countries taking insurance cases and make decisions about the cost of the insurance indemnity or refusal to pay the insurance indemnity, as well as the cost of claims, if: (a)), within three months from the date of this law, article 36, the second and fourth written application referred to in the receipt of a foreign insurer who have contributed to the loss of the insured vehicle or civil liability, it has not sent the information in writing to the applicant claims (for residents of the Republic of Latvia, who brought a claim against a foreign insurer in connection with the European economic area country insurance case has occurred), (b) is not a foreign insurer) appointed a representative in the Republic of Latvia and the European economic area country occurred in the insurance case, the losses suffered by the residents of the Republic of Latvia;
14) sort of residents of the Republic of Latvia in connection with the requirements of the European economic area countries taking insurance cases and make decisions about the cost of the insurance indemnity or refusal to pay the insurance indemnity, as well as the cost of claims, if: (a)) loss caused by the countries of the European economic area or in another country where the vehicle is registered in the owner's civil liability insurer is not likely to clear up two months after European economic area country in insurance case has occurred where the loss suffered by the residents of the Republic of Latvia, (b) it is not possible to find out) the vehicle after a European economic area country of the insurance case has occurred in which the damage suffered by residents of Latvia; ";
Replace paragraph 19, the word "cognitive" with the word "investigation".
22. Article 49, first paragraph: replace the words "Interior Ministry national police traffic police" with the words "State police";
Add to subparagraph following the words "the State technical supervision of the Agency" with the words "the Latvian Association of insurance broker".
23. the express article 50.1 the following: ' article 50.1. Provision of information to the vehicle owner (1) vehicle insurance office within 15 days after the owner of the vehicle or, in the case of a vehicle leasing the lessee's request, provide the following information on his civil liability compulsory insurance in the previous period the insurance contracts concluded and due to insurance cases applications: 1) insurance contracts concluded in the period, which shall not be less than the last five years, the insurance contract series and number, the type of insurance contract , date of conclusion of the insurance contract, the effective date and time of the end date of the transaction, the insurer with which the insurance contract;
2) according to the first paragraph of this article referred to in paragraph 1 in respect of the insurance contract cases, the number of applications submitted, including traffic accidents, as well as the date, or on the basis of the application is or is not made of the cost of claims.
(2) the request to the Office of vehicle insurers indicates the vehicle registration mark and vehicle data: name, surname, personal code, or a legal person, the name and registration number.
(3) the first paragraph of this article, the preparation of information for vehicle insurance office is entitled to receive a fee, not exceeding the costs of the preparation of the information. "
24. Article 51: make the first part of paragraph 3 as follows: "3) vehicle with a driver's guilt is not proven in the article 31 of this law eighth in that case;"
make the first part of paragraph 5 by the following: "5) a vehicle in respect of which the owner's civil liability insurer declared bankruptcy process;"
make the first part 7, 8, 9 and 10 of the following paragraph: "7) vehicle owner's civil liability of the insurer or its representative within three months from the day of receipt of the article 36 of this law written application referred to in the insurance case, written information is not sent to the applicant claims (for residents of the Republic of Latvia, who brought a claim against a foreign insurer in connection with the European economic area country of the underlying claims);
8) vehicle owner's civil liability of the insurer is not appointed a representative in the Republic of Latvia, where a European economic area country occurred in the insurance case, the losses suffered by the residents of the Republic of Latvia;
9) European economic area country or another country registered vehicle if the insurance case has occurred in the European economic area country and the losses suffered by the residents of the Republic of Latvia, but the vehicle owner's civil liability insurer is not likely to clear up two months after the insurance accident;
10) unanswered vehicle European economic area country occurred in the case in which the damage suffered by residents of the Republic of Latvia. In this case, this law article 25, first paragraph, 1, 2, 3, 6 and 7 referred to the loss of assets of the guarantee fund covers only if it provides for the European economic area national law where the accident occurred. ";
Add to article 5.1 part as follows:

"(51) the guarantee fund shall be covered under this law, an authorized insurer article 38.1 paid compensation for direct loss adjustment in cases where the request after the insurer, which has contributed to the loss of the insured vehicle owner's civil liability in whole or in part is not made the requested damages. In this case, the insurer, where the insurer of the vehicle held the Office determined to be unfounded, the reimbursement of the guarantee fund disbursed funds and pay for the use of the resources of the guarantee fund of 12 percent annually from the guarantee fund in the amount of claims from the date when the cost, until the insurer to pay the insurance indemnity paid. "
25. Turn off 51.2 article.
26. the express 54. the second subparagraph by the following: "(2) where an examination found that the owner of the vehicle is not insured for civil liability, the State police laws make specific actions, including the decision on administrative penalty."
27. the express 54. the first paragraph by the following: "(1) the insurer or insurers of vehicles at the request of the Office of State social insurance agency provides information about: 1) the injured party in a calculated public social security service and State social benefits for the period of time specified in the request, in accordance with this law, the insurer or the insurer of the vehicle, the Office would make a decision on the claims;
2) victim insurance wages for the period specified in the request, in accordance with this law, the insurer or the insurer of the vehicle, the Office would make a decision on the claims;
3) the employer of the person that the injury suffered by the driver are in employment or service relationships and against which the vehicle insurance office is entitled to submit the recourse, if the period indicated in the request, the employer is given social security contributions. "
28. the express article 55 (2) of the following: "2) vehicle leaving the Republic of Latvia, the State border guard of the laws make specific actions, including the decision on administrative penalty."
29. the express 54. article as follows: "article 56. The national border guard duties and the rights of vehicle liability insurance mandatory inspection on the territory of the Republic of Latvia If the test found that in the Republic of Latvia to the registered vehicle owner's civil liability or the vehicle, usually located outside the territory of the Republic of Latvia, the owner's civil liability is insured by the State border guard of the laws make specific actions, including the decision on administrative penalty. "
30. Add to the informative reference to European Union directive to point 7 by the following: ' 7) the European Parliament and of the Council of 16 September 2009. directive 2009/103/EC on insurance against civil liability in respect of the use of motor vehicles and to the enforcement of the obligation to insure against such liability. "
The law in the Parliament adopted 22 September 2011.
The President of the Parliament instead of the President s. Āboltiņ 2011 in Riga on October 12.