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Rules For Ground Vehicle Insurance Against Civil Liability In Respect Of The

Original Language Title: Noteikumi par sauszemes transportlīdzekļu īpašnieku civiltiesiskās atbildības obligāto apdrošināšanu

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Cabinet of Ministers Regulations No. 300 (No. 40) rules on motor insurance against civil liability in respect of article 81 of the Constitution issued in accordance with the procedure laid down in article 1. The terms used in the rules 1.-claims the amount of money paid for damages.
2. in the case of insurance — a traffic accident for which the insurance indemnity upon costs in accordance with these rules.
3. the insurance contract, the document that determines the insurer and the policyholder's rights and obligations.
4. The policyholder: a natural or legal person who has concluded the insurance līsum with their insurer or insured interest.
5. the insurance object: any ground vehicle owner or lawful possessor of the civil liability for road traffic accident damage to a third party (hereinafter referred to as the "civil liability").
6. Insurance — insurer issued a specific pattern document which certifies that the policyholder and the insurer have concluded a contract of insurance.
7. Insurance premium – payment for land vehicle owner or lawful possessor of the civil liability insurance.
8. The insurer-insurance companies, operating in accordance with the law "on insurance" and regulations duly received a license in land vehicle owners civil liability compulsory insurance.
9. The insurer's liability limit — the maximum amount of insurance indemnity payable.
10. insurance period: the period for which the insurance contract.
11. Road traffic — a relationship that occurs with or without the vehicle moving along the roads, as well as in places that do not have roads, but where is the possible movement of the vehicle.
12. Road traffic accident loss damage, in monetary terms invaluable road accident caused the loss of third-party health and/or property.
13. the group insurance contract, a contract that is entered into only with legal persons, the legislation which established dealing with vehicle trade.
14. the comprehensive agreement — which the insurance contract is concluded with a legally registered farm, owning more units of machinery, subject to vehicle owners civil liability compulsory insurance. Such a contract may be concluded for no more than five vehicles, of which only one can be a passenger car.
15. the Treaty of Robežapdrošināšan-insurance contract concluded with a foreign registered vehicle owner, a vehicle crossing the border of the Republic of Latvia, where the driver cannot be presented in the territory of the Republic of Latvia, the existing international road transport owners civil liability compulsory insurance certificate ("green card"), which is guaranteed by international agreements.
16. Traffic Office-Cabinet established a national authority to coordinate ground vehicle insurance against civil liability in respect of the Republic of Latvia and the other functions provided for in these rules.
17. standard contract: the insurance contract that is concluded in respect of the Republic of Latvia to register vehicles under the General calculation of insurance premiums established in the order.
18. vehicle-any road vehicle (passenger car, truck, bus, motorcycle, scooters, tractors and other self-propelled car, tram, trolleybus, and trailer), used in road traffic.
19. Vehicle owner – natural or legal person who owns the vehicle.
20. the legal possessor of the vehicle: a natural or legal person who, not being the owner, on the legal basis (loan, storage, rental, lease, inheritance acceptance) distributes the actual power, control or vehicle.
21. Third party: any natural or legal person (with the exception of road traffic accidents caused by vehicle owner or lawful possessor) for which the road traffic accident has caused personal and/or property damage for which insurance is due compensation.
22. The loss of the nodarltāj — a driver who act or omission caused by road traffic accidents, which caused damage to a third party.
2. article. At the time of conclusion of the insurance contract and the period of validity (1) these rules provide that all land vehicle owners and rightful possessor (hereinafter referred to as "vehicle") required to insure their civil liability for every Latvian vehicle used on the road.
(2) All insurers to shut down vehicle insurance against civil liability in respect of insurance contracts (contracts, complex contract, the group agreement, the Treaty of robežapdrošināšan, as well as the international treaty "green card" (after the accession of the Republic of Latvia in the international vehicle insurance against civil liability in respect of the compulsory insurance system)) in accordance with the instructions issued by the Minister of finance.
(3) civil liability of vehicle owners should be protected, before you start to use the vehicle in road traffic.
(4) the insurance contract may be concluded for a period of three months to one year. Foreign registered vehicles, the minimum insurance period is 15 days.
(5) If, by the end of the insurance term vehicle disposes of or any other reason, stop using it for a period exceeding one month, the insurer, based on submissions received, the insurance contract and end the month following receipt of the insurance policy shall repay the part of the insurance premiums.
3. article. Insurance premiums and the insurer's liability limits (1) the amount of insurance premiums and the insurer's liability limits and insurance premiums and the insurer's liability limit up or down order is determined by the Cabinet of Ministers.

(2) the insurance premium shall be determined by taking into account the type of vehicle, technical characteristics and uses.
(3) the insurer's liability limit shall be determined for each loss type separately.
4. article. The responsibility for driving without documentary confirms this vehicle owners civil liability compulsory insurance validity using the vehicle in road traffic, the driver must be up to the insurance policy, stating that the vehicle owner's civil liability compulsory insurance validity. If the driver is unable to produce such a document, the penalty applied to him in the Latvian Code on administrative offences.
5. article. Road Traffic Safety Directorate and the State technical supervision inspection responsibilities of vehicle owners civil liability compulsory insurance inspection and control (1) Road Safety Directorate and the State technical supervision inspection prior to vehicle registration and the technical inspection shall check the vehicle owner's civil liability compulsory insurance contract validity.
(2) the vehicle registration and technical inspection is not performed if the vehicle owner's civil liability is insured.
6. article. Traffic and Road Police Office co-operation vehicle liability insurance mandatory inspection and control (1) a police officer is entitled to check the driver's documents proving the vehicle owner's civil liability compulsory insurance contract validity.
(2) where an examination found that the owner of the vehicle is not insured for civil liability, the way a police officer where to apply fine driving the Latvian Code on administrative offences.
(3) a police officer three working days, send to the Office of the traffic announcement on each test case that found vehicle owners civil liability has been insured.
(4) the notice referred to in the third paragraph, type, message delivery and billing arrangements established between the traffic and the traffic Police Office.
7. article. The duties of the border force vehicle liability insurance mandatory inspection, vehicle crossing the State border (1) All border crossing for vehicles, regardless of their nationality and place of establishment of the border effect inspection of vehicle insurance against civil liability in respect of the insurance contract validity.
(2) where the driver crossing the State border, to present the document certifying the vehicle owner obligatory civil liability insurance contract, the validity of the further movement of the vehicle is not permitted until the vehicle owner's civil liability is insured.
8. article. No insurance implications (1) if the owner of the vehicle is not insured for civil liability and the vehicle is used in road traffic, the vehicle owner to pay the traffic Bureau fines up to 100 litres and must take out motor vehicle civil liability insurance of at least the minimum term.
(2) the decision on the imposition of the fine takes the traffic Bureau and notify the owner of the vehicle within five working days after this provision in article 6, referred to in the third subparagraph of the receipt of the notification.
9. article. The losses suffered by the person (1) road accident suffered third loss inflicted on a person's health is, losses related to: 1) the victim's treatment;
2 the victim temporary incapacity);
3) permanent incapacity the victim loss;
4) the victim's death.
(2) damages the victim going under vehicle insurance against civil liability in respect of the insurance premiums and the insurer's liability limit.
10. article. Losses due to the victim's treatment and vocational retraining of losses due to the victim's treatment and vocational retraining is the expenditure related to the victim's arrival, posting, maintenance, Diagnostics, treatment and rehabilitation and medical institution and/or the victim's State of health according to training new professions training or retraining with the State employment service for writing assignments.
11. article. The person suffered loss due to temporary incapacity Person suffered loss due to temporary incapacity for work is not income for the hospital's certified disability, which are evaluated in the following quantities: 1 person-not workers) received average pay for the previous six months, a report by the health damage suffered by the person assigned the services of payment of money from the social security budget;
2) person whose income represents fees, income from business or other economic activities, if they lost due to disability, the income taxable income the year before the accident, a report by the health damage suffered by the person assigned the services of payment of money from the social security budget.
12. article. The person suffered loss due to the permanent loss of capacity (1) the Person suffered loss due to the permanent loss of capacity is not received income that full capacity for work are appreciated this provision set out in article 11, but in the case of partial disability income determined by the difference between the calculated income minus the actual income received less paid jobs and services allocated money from the social security budget.
(2) claims for damage caused by a person due to a permanent loss of capacity paid regularly until the preserved the harm a person's health, or to the person's death.
13. article. The loss suffered by the person because of the victim's death

(1) a Person in respect of the losses suffered by the victim's death are not dead received income that evaluate this rule set out in article 11, and funeral expenses.
(2) If damage is caused to several persons, the estimated income is divided by the number of persons in accordance with this article shall be entitled to insurance claims, the claims to be paid is reduced by the amount of the survivor's pension.
(3) persons who have been killed in custody, offsetting losses reimbursed in the following order: 1) children to adulthood or the obtaining of higher education Department of the day, without interrupting the training (except for breaks in training for good reasons), but no longer than up to 24 years of age;
2) awarded widow (widower), dependant children and dependant parents — up to their capacity for renewal, as well as functional widow (widower), if a family with children under eight years ago.
(4) claims incurred, where the road accident victim's death occurred during the year after a road traffic accident and forensic expert or medical authority certifies that the victim's death evoked associated with this traffic accident.
14. article. Property loss suffered (1) road accident property damage third parties damages are damages resulting from: 1) vehicle damage or destruction;
2) road, road constructions and building damage or destruction;
3 the victim's clothing) and his damage or destruction of property;
4) taking the necessary work of road traffic accident victims, rescue or bringing them medical institution;
5) victim to medical institution used in vehicle damage or soiling of the cabin;
6) aiztransportēj the vehicles from a road traffic accident.
(2) damages the victim going under vehicle insurance against civil liability in respect of the insurance premiums and the insurer's liability limit.
15. article. Loss due to damage to the vehicle the loss due to damage to the vehicle is the restore repair costs incurred by the vehicle owner bailing road accident victims and other expenses related to the respective road traffic accidents, including the aiztransportēšan of the road traffic accident site to the nearest vehicle repair business.
16. article. Losses due to the destruction of the vehicle (l) vehicle is considered dead if it restore repair is not technically possible or economically unfounded. Restore repair is considered economically unjustified if the estimated repair costs of the vehicle exceeds the value of the vehicle before the accident. In this case, the insurance indemnity is paid equal to the value of the vehicle before the accident.
(2) loss due to destruction of the vehicle is the value of the difference before and after the accident, as well as expenditure on the aiztransportēšan of the vehicle from a road traffic accident on the scrap vehicle disposal location.
(3) if the insurer or the traffic Bureau will fully reimburse the losses due to the destruction of the vehicle, he is entitled to the remains.
Article 17. Loss due to the road, road construction and other material damage or destruction of the values of (1) the loss due to the road, road construction and other material damage or destruction of the values of the difference between the value of the object before and after the accident, but in the case of damage to these objects, object restore cost value and environmental loss.
(2) the loss caused to the property in favour of other loss incurred by the property owner (possessor) of road traffic accident.
18. article. The traffic Bureau and insurer examiner's area of cooperation the experts who carried out with the vehicle insurance against civil liability in respect of the related technical inspection of vehicles, traffic Bureau, must be issued a certificate, and are bound by the traffic Office approved the methodology for carrying out the examinations and regulations.
19. article. Reimbursement of a loss (l) Road traffic accidents caused the loss recoverable loss caused, without exceeding the limits of liability of the insurer: 1) the victim, which is not caused by a traffic accident — in full;
2) victim partially guilty in road accidents, according to the fault of the other party.
(2) the loss is offset by the insurer which it insured damages caused by the vehicle owner's civil liability.
(3) If a decision of the insurer for the insurance claims cost of damages is reimbursed by another insurer, the insurer who has insured a road accident caused by a vehicle owner's civil liability is to pay the amount of the compensation paid.
(4) if the loss is not among two or more drivers whose vehicle is insured with different insurance companies, insurers for claims paid to the victim, based on each driver's fault.
(5) the estimated insurance claims for damaged vehicle, the insurer shall, in agreement with the victim can be transferred directly to the repair contractor.
20. article. Cases where the loss is not refunded in accordance with these rules, the insurer does not pay: l) losses incurred using the vehicle owner's civil liability is insured, but damage to the driver's liability under civil law do not stand; for such a loss be losses incurred as a result of force majeure, the victim or his serious negligence;
2) road traffic accidents caused by vehicle owner's person and property damages;
3) for property damages, if such property found in the vehicle that caused the accident, regardless of who the property belongs to;

4) loss of the vehicle and the property damage, destruction or loss of, a person after a road traffic accident;
5) damage resulting from not using the vehicle in road traffic (for example, the vehicle being in the garage or repair place, or special vehicle making it work under construction);
6) who suffered, vehicle using the workout or race trip;
7) losses transferred to traffic accidents caused by vehicle or otherwise transmitted added another vehicle or trailer damage;
8) the probability for 19 May 1956 the Geneva Convention on the contract for the international carriage of goods by road (CMR Convention);
9) loss incurred by the victim making intentional crime;
10) loss directly or indirectly caused by or contributed to ionising radiation, any nuclear fuel, radioactive poisoning caused any exploding nuclear or radioactive, toxic kodolkomponent, explosive or otherwise harmful feature;
11) with a road traffic accident-related lost profits or moral damages.
21. article. Traffic Office (l) traffic Office: 1) prepare proposals for vehicle owners civil liability compulsory insurance development;
2) coordinated by the insurance provided for in these provisions;
3) within their competence to decide the international issues and organizes international cooperation in vehicle insurance against civil liability in respect of the insurance field;
4) levied fines in cases of civil liability of vehicle owners has not been insured;
5) acts as the insurer and paid claims to victims for losses caused by: a) the owner of the vehicle, with its civil liability is not insured;
b) unresolved vehicle, except for property damage;
(c) a foreign registered vehicle), where the owner does not have robežapdrošināšan.
(2) insurers Cabinet duly cooperate with the traffic Office, and they are binding on the traffic capacity of the Office to provide guidelines to vehicle owners civil liability compulsory insurance.
(3) the deduction of the percentage of insurance premiums Office of traffic shall be approved by the Cabinet of Ministers. This means traffic Office used for the payment of claims and their activities.
22. article. Notice of accident (1) road accident participants of the accident must immediately notify the police and the Way the insurer who has insured a road accident caused by a vehicle owner's civil liability, and must take all possible measures to prevent or reduce further losses.
(2) If the insurer is not known, the underlying traffic accidents must be reported to any insurer or the traffic Office. If the notification is received by the insurer are not insured by the loss suffered by the vehicle owner's civil liability, the received message must be handed over immediately to the traffic Office. Traffic to the Office to find out who the insurer has insured a road traffic accident caused by a vehicle owner's civil liability, and must notify the insurer in the victim's name and address.
(3) in a road traffic accident victim is entitled to claim compensation for damage caused if the victim personally or by authorized assistance immediately (as soon as it became possible) announced the transfer of Road traffic accident to the police, the insurer or the traffic Office.
23. article. Traffic Bureau, traffic police, road safety Department, border forces, State technical supervision inspection and cooperation between insurers in the field of exchange of information (1) the Office of traffic, road safety Directorate and the insurer shall constitute the insured vehicle tracking database. Information on the vehicles owners third party liability is insured, the accumulated traffic Office of insured vehicle tracking data base and the road safety Directorate of vehicle registration database.
(2) the insurer shall provide the traffic Office, border forces (border and at border crossing points), the road traffic safety Directorate and the State inspection for technical supervision, any information in its possession on insurance contracts.
(3) Before the conclusion of the insurance contract, the insurer is entitled to demand and traffic Office and the road safety Directorate's responsibility to provide the available information relating to the policy holder and the vehicle.
(4) at the request of the Office of the Road Traffic Safety Directorate provides available information from the database for a specific vehicle, the driver, as well as a road traffic accident.
(5) at the request of the Office of the Road traffic police gave the information about traffic accidents.
(6) at the request of the National traffic Bureau of technical supervision Inspectorate provides available information about a particular vehicle.
(7) of this article, the provision of those know and exchange of information between the relevant authorities of the Cabinet takes place.
24. article. The request for reimbursement of loss (1) the Person requesting the goods or loss caused to the vehicle, is obliged to keep the vehicle and the other dead or damaged property in the State in which it was after a road accident, up to the time when it will review the insurer's designated expert.
(2) the insurer shall promptly, but not later than three working days (from the date of notification of the insurance case) must be sent to the damaged property, the expert view.
(3) If this article is the second part of the insurer within the time limit referred to in the seconded experts has not appeared, the victim has the right to choose experts to determine the extent of the damage. In this case, the insurer is not entitled to challenge the evidence of the victim's injury.

(4) in deciding the question of the cost of claims in the context of the injury caused to the person, the insurer is entitled to request in writing from health authorities details of victim treatment, disease diagnosis and prognosis, use forensic examination results, as well as, where appropriate, to obtain further information, send the victim to medical examinations, covering all related expenses. News that the insurer won on the victim's treatment, disease diagnosis and prognosis, are private.
(5) in order to receive compensation, the institution that has paid for the victim's treatment or delivered to the medical assistance from their own funds, must be submitted to the insurer or to the Office of traffic calculation for the victim's treatment of the funds spent.
25. article. Loss calculation (1) in a road traffic accident and damage claims insurers calculated.
(2) the calculation shall be made on application by the person entitled to receive insurance compensation. The application must be accompanied by: 1) traffic police issued a certificate;
2) investigations or judicial documents for the claims (if any);
3 medical institutions) documents in the health status of the survivors before and after a road traffic accident;
4) documents confirming the person's income before and after a road traffic accident;
5) document on the victim's dependants of persons;
6) in the case of the death of the victim — a copy of the death certificate;
7) documents for the damaged or dead vehicle and other property values, or for expenses for the restoration of the damaged property;
8) documents for other expenses related to traffic accidents.
(3) upon the applicant's request, the insurer should present the relevant laws and procedures for the calculation of claims.
26. article. The calculation of claims and costs (1) the claims shall be calculated and paid in the month following receipt of all required documents.
(2) to the full extent of the injury determination by the victim's request, the insurer may pay an advance.
27. article. The insurer's decision (l) after the documents submitted for the consideration of road traffic accident, the insurer shall decide on: 1) the cost of claims;
2) reduction of claims;
3) refusal to pay insurance claims.
(2) following the adoption of the decision within three working days following the day the insurer must send written notice to the applicant.
(3) if the person concerned does not satisfy the insurer's decision on the cost of claims, it must provide the traffic Office requirement for a review of that decision. If the traffic Office of the decision taken by the interested parties are not satisfied, it may bring a court action for the recovery of losses.
28. article. The Office of the insurer and the insurer recourse and traffic Office is entitled to file a recourse against: 1) road traffic accidents caused by driving the vehicle when it ran a vehicle: a) alcohol, drugs, or other substances psihotoksisk intoxicated impression;
(b)) without the right to drive a vehicle of the category concerned;
(c)) that operation of the failures of the banned road traffic cases and provided for this ban is not a causal connection with the damage;
(d) violation of laws and regulations) determine requirements for the driving and rest time;
e) being sick or so tired that it may affect the integrity of the driver and road safety, as well as the use of medication that decreases the reaction rate;
2) road owner (Manager), if an accident occurred, the damage caused by the loss of his fault;
3) a person who damages caused intentionally;
4) person whose act or omission has been the cause of the accident and who was found guilty in a road traffic accident;
5) road traffic accidents caused by the owner of the vehicle who is not insured his civil liability.
29. article. Road traffic accident prevention prevention measures: (1) insurers should participate in the Cabinet down the road traffic accident prevention prevention measures, as well as jointly with the traffic Office should participate in the insured driver and vehicle records database. For this purpose, the traffic to the Office each year, the Cabinet of Ministers set interest and deductions in order to be credited to the funds by the Ministry of transport and the Ministry of the Interior Police Department accounts from this form of insurance received insurance premiums. (2) the deduction referred to in the first subparagraph, the percentage fall in insurance premiums.
30. article. Foreign registered vehicle owners civil liability compulsory insurance when entering the Republic of Latvia (1), If a foreign registered vehicle the driver into the Republic of Latvia, presented a document showing the vehicle owner's civil liability compulsory insurance contract validity to the territory of the Republic of Latvia ("green card"), the holder of a vehicle of his civil liability not to be insured.
(2) where the driver into the Republic of Latvia does not produce a document proving the vehicle owner's civil liability compulsory insurance contract validity to the territory of the Republic of Latvia, his vehicle owner's civil liability to insure in accordance with these rules.
31. article. Foreign registered vehicle driver responsibilities, leaving the Republic of Latvia (1), the registered foreign driver, leaving the Republic of Latvia, to present a document proving the vehicle owner's civil liability compulsory insurance contract validity to the territory of the Republic of Latvia.
(2) If the driver is unable to produce documents proving the vehicle owner's civil liability compulsory insurance contract validity to the territory of the Republic of Latvia, he must pay the traffic Bureau fines of 100 lats Cabinet.
32. article. Loss compensation for aliens

Aliens, as well as foreign entities to pay for damage to the laws of the Republic of Latvia.
Closing questions 1. Regulations shall enter into force by January 1, 1997.
2. Insurers, which up to this date of entry into force of the provisions to the policyholders have vehicle liability insurance of voluntary agreements, this provision of the date of entry into force of the said agreement must be concluded under the new compulsory insurance provisions of the Treaty or with the additional voluntary insurance agreement shall be concluded a contract of compulsory insurance.
3. If the vehicle insurance against civil liability in respect of voluntary insurance contract expiration is left in more than a month, and the policyholder shall submit a written application for the termination of the insurance contract, the policyholder is entitled to receive back part of the premiums paid, which corresponds to the unused part of the premium to the insurance contract full expiry of remaining months.
4. The provisions of article 30, paragraph 1 shall enter into force after the accession of the Republic of Latvia to international motor civil liability compulsory insurance ("green card").
5. With the entry into force of these regulations be declared unenforceable: 1) the Cabinet of Ministers of 2 November 1993, the rule no. 15 "on the goods and the transit of other subjects in the Republic of Latvia (Latvian journal, 1993, nr. 111.; 1994, 111., no. 136; 1995, 43, no. 102; 1996, no. 123) 8. the first subparagraph of paragraph 1;
2) constitutional procedures laid down in article 81 of Cabinet of Ministers issued on 18 July 1995, the provisions of no. 214 "rules on motor insurance against civil liability in respect of the" (Latvian journal, 1995, 109 no; 1996, 4, 62 no).
 
Prime Minister a. slice the Finance Minister A.G. Kreitus 1996 in Riga on august 6.