* Republished under art. III of the Law. 239 of 12.29.2015 - Official Gazette of the Republic of Moldova, 2016, no. 25-30 art. 59.
Amended and supplemented by laws of the Republic of Moldova:
LP239 from 12/29/15, MO25-30 / 05.02.16 art.59;
02.05.16 effect LP180 from 7/25/14, MO238-246 / 15.08.14 art.559
LP304 in 12.26.12, MO48 / 03.05.13 Article 150;
05.03.13 effect LP94 of 26/04/12, MO149-154 / 07.20.12 art.484
LP33 of 03/06/12, MO99-102 / 330
Parliament adopts this organic law.
Chapter I GENERAL PROVISIONS
Article 1. Scope
This law regulates the legal relationships between insurers, policyholders and third parties arising from the contract of compulsory insurance against civil liability of motor vehicles, as well as how to achieve this type of insurance.
Article 2. Basic
Under this law, the following terms mean:
motor vehicle accident - sudden event caused accidentally by one or more vehicles, causing injury to a person and that can give rise to claims for compensation;
compulsory insurance of civil liability of motor vehicles (hereinafter - compulsory motor third party liability) - insurance contract evidenced by RCA insurance policy and / or certificate of insurance "Green Card", by which an insurer licensed in under this law, to pursue compulsory motor liability undertakes, on the basis of premiums paid by the insured to compensate damage caused by motor vehicle accident during the validity of the insurance contract;
Insured - a natural person or legal entity that has entered into a contract of compulsory motor third party liability;
supervisory authority - the National Commission of Financial Market;
car - mechanically ground-propelled, except that run on rails, passenger, baggage and cargo, or performing any other works and services related to transport - cars, buses, microautobuze, buses, trucks, including specialized motorcycles, tractors.
Under this law, trailer or towed ataşele Unaccompanied or other mechanisms propelled permitted for use in accordance with applicable law or foreign registered by the competent authorities, are part of a motor vehicle;
national office - professional organization which is constituted in accordance with Recommendation no. 5 of 25 January 1949 adopted by the Committee Subcommittee on road transport inland Economic Commission for Europe of the United Nations, which groups the insurers licensed in one state to practice auto liability insurance;
National Bureau of Motor Insurers - national office in Moldova;
Council of Bureaux international insurance system "Green Card" (hereinafter - the Council of Bureaux) - an international association of national offices of the Member States of the international insurance system "Green Card", which manages and coordinates relations between national offices on insurance for motor liability ;
partial damage - damage to the vehicle as far as restoring or replacing damaged parts and components is possible and real value of the damage incurred shall not exceed 75% of the vehicle at the time of the accident;
total damage - destroying or damaging the vehicle as far as restoring or replacing damaged parts and pieces is not possible or the real value of the damage incurred exceeds 75% of the vehicle at the time of the accident;
file damage - file containing all necessary documents finding and solving the case of insurance;
territorial limits of coverage of liability insurance auto (hereinafter - territorial limits of coverage of insurance) - Moldova (compulsory motor liability internal) and the territory of the Member whose national offices are party to the Agreement of national insurers' bureaux Member States of the European Economic Area and other associate States, signed by the National Bureau of motor Insurers (compulsory motor liability external);
injured person - any person entitled to compensation insurance for any damage or injury caused by an accident of motor vehicle;
RCA insurance policy - insurance policy compulsory motor liability valid within the territory of the Republic of Moldova, which proves the conclusion of compulsory motor liability;
certificate of insurance "Green Card" - international insurance document issued on behalf of a national office, attesting the existence of compulsory motor liability valid outside the country of issue, in accordance with Recommendation no. 5 of 25 January 1949 adopted by the Road Transport Subcommittee of the Inland Transport Committee of the Economic Commission for Europe of the United Nations;
owner of the vehicle - the rightful owner of the vehicle and the person possessing the vehicle under a tenancy, lease or certain other securities provided for by law;
injury - suffered negative effect of the natural or legal person injured following a risk covered by a contract of compulsory motor third party liability;
General Regulation of the Council of Bureaux - official document adopted by the Council of Bureaux in Rethymno (Crete) on 30 May 2002, incorporating all the mandatory provisions governing relations between national insurers from member states of the International Insurance System "Green Card";
specialized unit - natural or legal person authorized (legally registered), which has as main activity the sale of vehicles, components and spare parts and / or the execution of maintenance and repair of motor vehicles;
User - any person who drives the vehicle: the insured persons under the contract of insurance, other people driving the vehicle with or without the consent of the owner; in training courses driver, the user is considered the person who conducts training in driving;
bonus-malus system - a system of reductions and increases in premium compulsory motor liability claims granted by history;
The remaining amount - the amount remaining undamaged parts of the vehicle, demountable and recoverable in the event of total loss thereof.
Article 3. Object of compulsory insurance of liability
Object of compulsory motor liability is the liability of the owner and user of the vehicle for any damage or personal injury motor vehicle accident caused by the territorial limits of insurance coverage.
Article 4. The categories of persons liable
compulsory insurance of liability
(1) Natural and legal persons who have possession of vehicles subject to registration in Moldova are obliged to provide for cases of motor vehicle liability due to damages caused by motor vehicle crash occurred in the territorial limits of insurance coverage.
(11) Compulsory insurance is not bound by the vehicle owner whose risk was insured under this law by another person.
(2) Persons entering the territory of Moldova with vehicles registered abroad are considered insured:
a) are provided in accordance with this Law;
b) hold international insurance documents valid in the Republic of Moldova.
Article 5. Requirements towards the insurer
(1) The insurer may pursue compulsory motor liability where it meets both internal in addition to the requirements set by the Law on Insurance, the following conditions:
a) has at least one representative in each municipality for damages in Moldova and in each subsidiary and / or representation;
b) has equipped with computers and appropriate software and personnel to allow the keeping of detailed records of insurance documents and centralize information and / or data collected and also has the ability to communicate electronically this information to a single information system established by the supervisory authority. In this regard, it is imperative that the insurer's information system enabling the delivery of on-line through web technologies, information about compulsory motor liability between the central office or authorized subdivisions of the insurer and the supervisory authority;
c) is not in a situation of financial remediation or insolvency under special legislation in the insurance and insolvency.
(2) The insurer may charge compulsory motor liability if it meets foreign, in addition to the conditions laid down in para. (1), the following requirements:
a) participate with their own funds to the original contribution to the Compensation Fund;
b) participate with their own funds to the formation of external financial guarantee provided for in art. 351, during the Council of Bureaux requirement is in place to maintain such a guarantee.
(3) - repealed
(4) - repealed
Article 6. The representative of damages
(1) motor vehicle liability insurer is obliged to appoint in each subsidiary and / or representative a representative of damages. If the insurer, in certain municipalities, there has branch and / or representative, the representative powers compensation insurance broker will execute legal person mandated by the insurer.
(2) The representative of damages will be responsible for receiving claims and collect information necessary examination and their settlement by the insurer and the right to conclude insurance contracts.
(3) The representative of damages will hold sufficient power to decide, within the limits set by the insurer to represent the insurer in relation to the injured person. Appointment representative for damages not exclude the right of the injured party or its insurer to institute proceedings directly against the person who caused the accident vehicle or the insurer against them.
(4) Mandating insurance broker compensation with representative powers not expressly signifies the establishment of a subsidiary or representative of motor liability insurer.
(5) The insurance may conduct activity as a proxy for compensation on behalf of several insurers.
Article 7. The case provided
(1) In the compulsory motor liability insurance, the insured event is the accident of a vehicle whose owner has fulfilled the obligation of compulsory motor liability, causing damage:
a) both during travel, as well as when stationary vehicle;
b) following accidental detachment, while driving the vehicle, trailers, semi-trailers or ataşelor;
c) caused by devices or equipment with which the vehicle was equipped;
d) as a result of the spill, abate or accidental fall of substances, materials or transported;
e) upon boarding the vehicle and the descent of it.
(2) The insured bears no motor vehicle liability if the accident took place:
a) in case of force majeure, including military actions or measures different in time of war or state of emergency, natural disasters, nuclear explosions, radiation or radioactive pollution, the riots, terrorist activities;
b) the exclusive fault of the injured.
Chapter II contract of compulsory insurance of motor vehicle liability
Article 8. How terminating the contract
compulsory insurance of liability
(1) Compulsory motor third party liability is performed directly by the conclusion of insurance contract between the owner of the vehicle and the insurer licensed to provide compulsory motor liability that is perfected on paper and / or electronic technical means under on- line, according to the procedure established by regulations of the supervisory authority.
(2) The contract of compulsory motor liability of natural person, except entrepreneur and ending compulsory insurance:
a) the names of persons permitted to use the vehicle for which the contract is concluded (limited number of users); or
b) no indication of persons admitted to use the vehicle for which the contract is concluded (unlimited users).
(21) the insured risk is not considered user motor vehicle not included in the insurance contract under par. (2) a).
(22) The contract of compulsory motor third party liability by the legal entity or individual entrepreneur and ends with no indication insurer persons admitted to use the vehicle for which the contract is concluded (unlimited users).
(23) If the insured individual, except entrepreneur, sent the vehicle for which the contract was concluded in possession of a legal entity or individual entrepreneur under the lease or other evidence provided by the legislation, the risk of admissions the legal entity or individual entrepreneur to use the vehicle is not considered secured by contract under par. (2).
(3) The insurance contract is requested insurer by filing an insurance claim addressed to him. The insurer has no right to refuse receipt, examination and settlement of insurance.
(4) The insurance contract proving the existence of compulsory motor liability. Insurance contract TPL internal auto insurance policy proves RCA and insurance contract TPL foreign auto insurance certificate proves the "Green Card". RCA insurance policy and / or certificate of insurance "Green Card" is issued subject to full payment of the insurance premium.
(41) In case of alienation vehicle dobînditorul has the option to modify the contract of insurance or keep it if his risk is insured under this contract.
(42) The insured has the right to request changes to the insurance contract in respect of the number of people allowed to use the vehicle. In this case, the insurer will adjust the premium according to the factor of risk. Changes in the insurance contract in effect during operation of the single information system established by the supervisory authority.
(43) The duplicate RCA insurance policy and / or certificate of insurance "Green Card" issued at the request of the insured provided cancellation form old duplicate cost being covered by the applicant.
(5) The form and content of the insurance application, the insurance contract and the form and content of RCA insurance policy and insurance certificate "Green Card" are unique for all insurers and are established by the supervisory authority. Form and content of the certificate of insurance "Green Card" shall be determined in accordance with the model approved by the Council of Bureaux.
(6) Any natural or legal person who has possession of more than one vehicle registered or subject to registration in the Republic of Moldova may conclude a single contract of liability insurance auto, which will indicate the number of vehicles, their technical and identification data , in which the insurer will issue RCA insurance policy and / or certificate of insurance "Green Card" for each vehicle.
(7) The insurance contract, the owner of the vehicle will allow the insurer to check the technical condition of the vehicle for seeking termination of the contract of compulsory motor liability and exposes the claim loss history.
(8) Provision for insurance compulsory motor liability (internal and external) is made exclusively in rooms furnished insurers or insurance intermediaries, equipped with cash registers and computers, allowing registration of contracts, record keeping and transmission centralized database information to the insurer, the National Bureau of Motor Insurers and supervisory authority.
Article 9. The term of the contract action
(1) The contract of compulsory motor liability insurance is concluded for a period of 12 months, except as provided in par. (2) - (4). Insured maintaining the validity of paying insurance premiums for the insurance period corresponding to the validity of the contract.
(2) Allow conclusion of insurance contracts with insurance periods less than 12 months for special vehicles, equipped manufacturing plant or reequipped legal systems and installations for seasonal agricultural work, snow removal or other similar work.
(3) The contract of compulsory motor third party liability may be concluded for foreign insurance periods less than 12 months but not less than 15 days.
(4) The person using the territory of Moldova car registered abroad, but uninsured, or whose term insurance expires while staying in Moldova sign agreements on compulsory motor liability when the vehicle enters the territory of Moldova, the crossing of the state border, or no later than the last day of validity of insurance authorized insurer in office. The contract is concluded for the entire period of their stay in Moldova, but for a period no longer than 15 days.
(5) The insurer's liability begins when indicated RCA insurance policy and / or certificate of insurance "Green Card" and ending at 24.00 on the last day of validity recorded in RCA insurance policy and / or certificate of insurance "Carte green "or before that date at the time of removal from circulation of the vehicle.
Article 10. Termination of insurance
(1) The contract of compulsory motor liability ceases:
a) in case of deletion of the vehicle from the state register;
b) if the insured person liquidation or death of the insured individual;
c) the issuing of a final judgment on termination;
d) other cases provided by law.
(2) The insurance contract does not cease when the insured risk and payment of insurance compensation.
(3) Upon termination of the insurance contract, the insurer shall reimburse the insured's insurance premium for days before expiration of the contract, the right to withhold the sum of its costs, but no more than 20% of the insurance premium calculated for refund. The insurance premium is calculated to refund gross premium underwritten by the insurer for the period unexpired insurance contract and calculated in proportion to the period.
(4) The insurance contract is deemed invalid in cases established by law. The action is not bound by the contract on motor vehicle accidents caused by insured until its completion.
Chapter III INSURANCE PREMIUMS AND LIMITATIONS OF REMEDIES
Article 11. Insurance premiums
(1) The first basic insurance compulsory liability related to internal and external self is established and updated at least once a year by the supervisory authority in accordance with actuarial methods approved by normative acts.
(2) The insurance premium is calculated based on the first basic insurance, to which correction coefficients established according to normative acts indicated in para. (1) and bonus-malus system.
(3) It is forbidden to collect insurance premiums in the amount of premiums calculated according to the basic insurance premium and rectification coefficients, except as provided in Article 12.
* Insurance premiums Article 11. (1) The first basic insurance and the amount of correction coefficients related compulsory motor liability internal and external are established by insurers on the basis of the calculations under unique methodology approved by the supervisory authority which will determine the calculation of insurance premiums basic types of coefficients of correction and the calculation of their share minimum and maximum share expenses insurer and profit margin included in the structure of the insurance premium, other aspects actuarial . (2) The premium to be collected from the insured is calculated by applying the basic insurance premium and rectification coefficients bonus-malus coefficient. (3) To implement the first basic insurance and the amount of correction coefficients related compulsory motor liability internal and external, certified actuary shall be submitted for consideration by the insurance supervisory authority. Presentation, review, acceptance, rejection basic insurance premiums and rectification coefficients requirements for presenting actuarial calculations made and statistical information shall be fixed by normative acts of the supervisory authority.
* Under the LP239 29.12.15, MO25-30 / 5.2.16 Article 59, Article 11 shall enter into force on 01/02/2018
Article 12. The reductions and increases premiums
(1) The insurer may offer discounts of up to 25% of insurance premiums to retired individuals and people with mobility impairments who own motorcycles and cars adapted to their infirmity. Retired individuals can get discounts of insurance premium if indicated in the contract are allowed to drive the vehicle as persons who are not retired or if the contract is no indication persons admitted to use the motor vehicle (unlimited users).
(2) - repealed
(3) At the conclusion of contracts of compulsory motor liability internal legal entities active in the international transport of goods and passengers involved in the TIR system - CARNET and INTER - BUS, insurers may offer discounts up to 60% of first insurance calculated in accordance with art. 11 (2) only where international carriers make proof of insurance certificate "Green Card" valid for a period of 12 months.
(4) The amount of insurance premiums that the insured will pay the insurer applicable bonus-malus system, according to the procedure established by the supervisory authority, which requires annual reductions of 5% but not more than 50% over a10 year insurance premiums for compulsory motor liability users, within 10 years, did not commit motor vehicle accidents and insurance premium increase for users who commit motor vehicle accidents.
(5) Pursuant to the bonus-malus, insurers will have access to information on the history of insured damage and vehicle users of unified information system established by the supervisory authority.
(6) Information to be collected and submitted by insurers to single information system provided in par. (5) shall be established by normative acts of the supervisory authority.
Article 13. Payment of insurance premium
(1) The insurance premium is paid in full for the entire period of insurance specified in the insurance policy RCA and / or certificate of insurance "Green Card".
(2) Proof of payment of insurance premium the insured returns, the document examiner from home or check payment order.
Article 14. Limits of liability insurer
(1) The insurance compensation will be determined and paid within the limits of liability of the insurer.
(2) The limits of liability of the insurer are:
a) 1 000 000 lei - for damage or destruction of property, regardless of the number of people hurt in an accident;
b) 1 000 000 lei - for each person damaged by injury or death, but no more than five million lei, regardless of the number of people hurt in an accident.
(3) The compensation provided by the contract of compulsory motor liability will be paid regardless of the number of cases of accidents that occurred within the period of insurance.
(4) If the extent of damages caused in any single accident several people, including expenses incurred by them in the civil lawsuit within a limit, compensation is granted within the limit set for each person damaged proportional ratio between the maximum and the total damages.
(5) If the extent of the damage exceeds the limits of liability set out in par. (2) injured parson is entitled, in accordance with civil law in effect, bring the person responsible for the accident an action to recover the amount that exceeds these limits.
(6) the vehicle owner has the right to conclude voluntary insurance contract (optional) liability to cover damage exceeding the limits laid down in para. (2).
Article 15. The damage is compensated by
insurer (1) The insurer liability if damage occurred or user fault of the insured vehicle, and where, at the time of the accident:
a) the user is not included in the insurance contract between the owner and the insurer;
b) the user or the insured does not possess driving license in that category;
c) the user or the insured has not complied with the legal technical condition and safety of the vehicle.
(2) In case of injury or death, insurance compensations granted both to persons outside the vehicle that caused the accident, and for people in that vehicle, except his name.
(3) The family members of the insured, a user's vehicle or of any other person whose liability is engaged in a motor vehicle accident and is covered by compulsory motor third party liability are not excluded because of this kinship, from among insurance beneficiaries for their personal injuries.
(4) The damage or destruction of property, insurance compensation is granted to goods outside the vehicle that caused the accident, except those specified in Article 16 and for goods in that vehicle, unless they were transported basis of a contractual relationship entered into with the owner or user of the vehicle, and if the user did not belong to the owner or responsible for the accident.
(5) The damage caused the crash of a trailer will be covered by the compulsory motor liability of the owner of the vehicle if the trailer:
a) is towed by the vehicle;
times b) separated from the vehicle and continued to move.
(6) The damage caused by trailer will be covered by the compulsory motor liability to its owner if the trailer:
a) the vehicle is not towed; or
b) is separated from the drive and is stationary.
(7) The provision of par. (5) applies if the vehicle is towed in to transport him.
Article 16. The damage that can not be repaired by the insurer
(1) The insurer has no liability for:
a) part of the damage insurance claims exceeding the limits laid down in Art. 14 (2) at the time of the accident, whatever the number of injured persons and the persons responsible for the damage;
b) damages at work or installation of devices mounted on the vehicle, machinery or plant used as work;
c) damages caused by accidents arising during the loading and unloading, these accidents constituting risks of professional activity;
d) damage due to the transport of dangerous goods (radioactive, flammable, explosive), the latter cause or exacerbate serious damage if the risk of transporting such products is subject to compulsory insurance;
e) injury linked to environmental pollution because of an accident;
f) damages caused by the loss or destruction of securities, money, precious stones, precious metals and precious stones, works of art and other objects of intellectual property;
g) reduction in the value of goods after repair;
h) damage caused by motor vehicles in operation tournaments and sports training, organized in specially provided for them;
i) damages in cases where liability insurer had not started or stopped;
j) damages to property belonging to individuals or legal persons insured auto liability if they were caused by a vehicle owned by them;
k) sums which the user responsible for the damage is obliged to pay the owner, who entrusted the insured vehicle for damage or destruction;
l) amounts recovery of moral damage resulting from the accident.
(2) To recover damages excluded from compulsory motor liability under par. (1), the injured person is entitled to bring civil action in court against the person responsible for the accident.
Article 17. The amount of compensation in case
The common fault
(1) Where the parties have negligently caused the accident or increase damage, each shall be liable to compensate only part of the damage attributable to it. In this case, the extent of liability of each party for the vehicle accident will be determined by legislative and other means of evidence.
(2) If it is impossible to determine, according to para. (1), the extent of liability of each party to the accident, liability will be determined in equal shares by the Parties involved in the accident, each having the right to compensation in proportion not liable for the accident.
Chapter V APPROVAL AND RECOGNITION OF DAMAGES
Article 18. Duties of the insured
(1) The motor vehicle accident, the insured or the vehicle user is obliged:
a) take all possible actions to mitigate damages;
b) notify the police authorities and other law enforcement agencies about the accident's vehicle immediately after asking drafting documents on the causes and circumstances of the accident and the consequences;
c) within 48 hours from the time of the accident, notify the insurer that issued the RCA insurance policy or certificate of insurance "Green Card"; participants in the accident have insurance policies RCA and / or certificates of insurance "Green Card", regardless of the results of the guilty finding, according to insurers concerned and are obliged not independently undertake measures to repair damages;
d) notify participants accident, injured parson or his relatives about that possess RCA insurance policy and / or certificate of insurance "Green Card" and provide them necessary information about the insurer;
e) present in person or by his legal representative, the office of the insurer or representative of compensation, the act of the institutions competent in producing road accident, driving license valid for the category of vehicle belongs led registration certificate and report periodical inspection of the vehicle that caused the accident. The documents referred shall be submitted by the insured or certified copies of the original to make copies of the insurer;
f) provide, at the request of the insurer, access to the vehicle which caused the accident.
(2) Failure by the insured or by the vehicle user to par. (1) b) and c) does not exempt the insurer from the obligation to pay compensation, but it is entitled to forward regress action against the insured the additional costs involved failure specified.
(3) In case of serious injury or death of the insured vehicle or user responsible for the accident, the injured person receives information about the insurer of the person responsible at the National Bureau of Motor Insurers.
Article 19. Obligations of insurer
(1) After becoming aware of the accident, the insurer shall:
a) to open the file in damages;
b) request the competent bodies and institutions (police, fire brigades, prosecution or medical institutions) information about the accident and its consequences, stipulated in article 21 para. (3) a) if the insured or the injured person has not submitted insurer such information duly certified;
c) examine the goods damaged and conclude within 5 working days of receipt of the request on compensation to the injured party insurance, finding a record of the damage;
d) to close the file of damages for material damage within 15 calendar days after filing the loser of the last document needed to complete the dossier;
e) to close the file of damages for personal injuries or death within 10 days of the date of deposit of the last document confirming injured damages;
f) to pay compensation insurance limits set by this law.
(2) The insurer is obliged to process the application and pay the insurance compensation within 3 months from the date of application for compensation.
Article 20. The rights and obligations of the injured party
(1) The rights of the injured party by accident on the territory of Moldova was in possession of the insured vehicle shall be exercised against civil liability insurer car directly at his premises or representative shall, within the limits of liability of the insurer under this law.
(2) The rights of the injured by accident in Moldova vehicle was in the possession of an insured person abroad shall be exercised against the insurer of the person through the National Bureau of Motor Insurers if conditions are stipulated in Article 4 para. ( 2) b).
(3) the injured person can claim from the insurer directly motor liability for damages or representative appointed by them, regardless of whether the insured has executed or not notification obligation under Article 18 para. (1) c ).
(4) The insurer has no right to refuse examination and settling the claim filed under par. (3).
(5) The rights of the person injured by car accident in which the author and / or the vehicle remained unidentified or owner of the vehicle has not concluded compulsory motor liability shall be exercised against the National Bureau of Motor Insurers and compensation shall be paid in accordance with art. 14. In this case, the rights and obligations concerning the claim file, the finding of damages, settlement and payment of compensation, the insurer under this law, shall be allocated and the National Bureau of Motor Insurers.
(6) the injured person or his legal representative is obliged to provide, within the period specified in Article 19 para. (1) c), access compensation insurer or its representative goods vehicle damaged by accident, so insurer to have the opportunity to ascertain the real extent of the damage.
(7) If the injured person or his legal representative has not complied with the requirement in para. (6) and made it impossible to draw up the damage and / or a declaration by the insurer to the extent of the damage, the latter is exempt from the obligation to pay insurance compensation.
Article 21. file damage. Finding damages
(1) The submission by the injured person or by representative of the claim, the insurer or, where appropriate, the National Bureau of Motor Insurers open file damages and damages in accordance with article notes. 19 para. (1) c).
(11) With the opening of the claim file, the insurer or, where appropriate, the National Bureau of Motor Insurers issued to the injured party or his representative, in writing, the list of documents to be submitted for the closure of the file and payment, but not more than those under par. (3) to be presented by the injured person.
(2) If the insurer considered damaged goods and not entered into the minutes of getting damaged within the time specified in Article 19 para. (1) c), the injured person is entitled to use the services independent experts or specialized units to ascertain the damage without presenting damaged property insurer.
(3) In case of damage include the following: the
a) copies of the documents establishing the fact and circumstances of the accident, drawn up by workers of internal affairs bodies of fire units, of prosecution of medical institutions;
b) explanation of the insured vehicle or user of the accident, except in cases of serious injury or death of the insured or the user's vehicle following the accident or shirking from their responsibility;
c) application on finding the injured party damage, establishment and payment of insurance compensation;
d) minutes of getting damaged;
e) Minutes of finding additional damage, as appropriate;
f) act evaluation or estimate costs of repair and / or replacement of parts or damaged parts, indicating prices, prepared by an independent expert or a specialized unit accepted / agreed by the parties;
g) documents confirming repairs, replacement of damaged parts and the cost, prepared by specialized unit agreed by the parties, as applicable;
h) produce documents confirming injuries or death of the injured party;
i) the documents referred to Article 25 as applicable;
j) final judgment on the amount of damages and their payment, as applicable;
k) copies of the accounting documents confirming payment of compensations;
l) written confirmation of the injured party or his representative that was compensated and that no claims against the insurer; confirmation is drawn up in two copies signed, one copy for each party, except as provided in Art. 28 para. (3);
m) a written undertaking that the injured person undertakes to refund the compensation in case of cancellation documents prepared by the workers of internal affairs bodies of the firemen unit, Prosecutor's Office, medical institutions, as appropriate.
(4) The minutes of getting damaged ends of the insurer, policyholder participation and / or the user's vehicle and the injured party or its representative, the power of attorney, and signed by all participants in the preparation of.
(5) Any objections of the parties on the damages found mention in the minutes or in an annex thereto.
(6) Following the damage, the insurer is obliged to issue at the request of the injured party, within five days, a statement of the claim file that indicate the file number of open tracks identified as damaged in the accident, the technical solutions adopted (replacement or repair).
(7) the injured person is entitled to inspect all documents in the claim file, expressing agreement or disagreement on solutions proposed by the insurer.
(8) If during removal or repair damaged property and other damages are discovered by accident, that could not be found initially, ending a report finding additional damage, with people involved in initial finding.
Chapter VI DETERMINATION AND PAYMENT OF DAMAGES
Article 22. The way of determining compensation
(1) The compensation shall be determined on the basis of a written agreement between the injured party or his legal representative and the insurer or, if they did not reach any agreement, by a court final.
(2) In establishing compensation by a court, the rights of the injured party by accident the vehicle was in possession of an insured person in the Republic of Moldova is exercised against civil liability insurer car within the limits of the obligation to set out in this law, summoning mandatory , as interveners accessories, the person / persons responsible for the accident.
(3) The compensation can not be determined by agreement between the injured person and the insurer or its representative if:
a) persons who make claims for compensation are: the husband (wife) or persons who are supported by the insured are liable for the damage or his employees;
b) people who make claims for compensation in case of injury or death, are children, parents, siblings insured liable for the damage which is not at its maintenance.
(4) - repealed
(5) Agreement between the injured person and insurer character total, unconditional, definitive and extinguished all claims arising from damages that were or could have known at the time of the agreement, for damages that were covered in this way, unless , subsequent payment of compensation for injuries, the injured person's condition worsened by the death of her times as a result of the same accident.
(6) If the motor vehicle accident subject of criminal proceedings, damages may be determined by agreement between the injured party and the insurer if:
a) law, criminal proceedings may be terminated by the parties' reconciliation;
b) although the court decision was final and irrevocable determination of the damages is to be made later civil action;
c) although criminal proceedings can not be quenched by reconciliation of the parties, it is possible to establish compensation under the agreement between the injured party and the insurer.
(7) In case of damage or destruction of property, compensation shall be determined in accordance with current legislation regarding the coverage amount of damage to property, taking into account the claims of the injured person, without exceeding the difference between the value of these goods from the time of accident and the remaining amount and the maximum compensation insurance provided by this law.
(8) The amount of compensation includes expenses:
a) actions relating to limit the damage;
b) transport of goods from the place of repair, parking or storage;
c) related to the insured, incurred by the insured lawsuit or injured;
d) the related technical expertise conducted at the request of the injured according to art. 21 (2) or under a court ruling.
(9) Expenses listed in para. (8) shall be reimbursed only if their documents proving.
(10) In case of damage or destruction of property, if the relevant public authorities have detained determinants on the causes and circumstances of the accident vehicle or the damage caused, these elements can be proved by the interested party by any legal means of evidence .
(11) If, at the time of the accident vehicle, the injured person has in force an insurance contract goods for goods damaged or destroyed vehicle accident, the owner of such goods will be compensated under that contract.
(12) If the injured person is addressed insurer that has contracted the insurance of goods to recover damages, finding fault, technological solutions adopted, evaluation and determination of the damages will be applied to the insurer motor liability of the person responsible, within the provisions this law, if the insurer of goods followed the procedure of inviting auto liability insurer under par. (121).
(121) insurer that has contracted with the insurance of goods injured person is obliged to invite the process of finding the person guilty of the damage and motor third party liability insurer of the person responsible, perhaps an invitation by supporting documents. Failure auto liability insurer of the guilty person set the date and location of goods not prevent the insurer to ascertain the damage that will be applied to motor liability insurer absent from the finding.
(13) In order to observe the provisions of par. (12), the insurer of goods the injured party recovers its insurance compensation paid from motor liability insurer of the person responsible, within the limits set by this law for the same accident.
Article 23. Determination of compensation in case of damage
or destruction of the vehicle
(1) Compensation for damage or destruction of the vehicle can not exceed any of the following:
a) the actual value of the damage incurred;
b) the difference between the date of the accident and vehicle residual value;
c) limit the compensation provided by law.
(11) If the total damage, the values specified in para. (1) b) are confirmed by the evaluation document prepared by the independent expert or unit specialized accepted by the parties or, if full advantage of the vehicle are set according to supply procurement unit specialized or individuals chosen by contest offers prices.
(2) In case of partial damage, the real value of the damage incurred is equal to the cost of repair parts or damaged parts or to the cost of replacing them, including material expenses for dismantling and installation work related to repairs and replacements necessary.
(3) parts or parts that must be replaced to mean those whose repair or use is not possible technically because of the high degree of damage or those whose repair is possible, but its cost exceeds the value of new component part or the part in question.
(4) The cost of repairing the vehicle is determined based on documents issued by the specialized unit agreed by the parties.
(5) It is considered necessary to complete repainting injured when vehicle damaged parts is less than 50% of the area's overall exterior.
(6) The prices of components, replacement parts and materials are those of the specialized units, including from abroad.
(7) Where vehicle repair is necessary to purchase foreign currency of parts or materials, their cost is equal to the cost of acquisition referred to in the documents of expenditure presented (including transportation costs, customs duties and VAT on), equivalent to MDL at the official exchange rate of MDL the date of payment of the invoice. In such cases, the cost of parts, the parts or materials shall not exceed the sale price practiced by specialized units from Moldova, whether they are sold in Moldova.
(8) If some parts or parts for vehicle there are no prices charged by specialized units, the new value thereof shall be determined on the basis of prices in catalogs spare parts or, failing that, by analogy with prices for parts or pieces of similar cars.
(9) While assessing the damage, when it is necessary to replace parts and components if the compensation payment by bank transfer to the bank account of the establishment of specialized insurance compensation amount to be determined by the insurer taking into account the following: || | a) for vehicles with a length of service of up to 3 years and a journey of up to 100 000 km, car repair cost is determined based on documents issued by the specialized unit agreed by the parties. In this case, the vehicle will be used to repair parts and new original songs;
b) for vehicles with a length of service of four years and more and / or a course of more than 100 000 km, car repair cost is determined based on documents issued by the specialized unit agreed by the parties. In this case, the vehicle will be used to repair parts and new parts manufactured under license (after market parts) or former home into corresponding technical requirements and road safety. In case parts and new parts manufactured under license or the original use was not available on the local market, real damage incurred to motor vehicles will be determined according to the price of new original parts and pieces.
(10) For the purposes specified in para. (9) the seniority operating the vehicle when it is not a whole number of years, if the past year has been consumed for up to 182 days, consider only the whole number of years. If the past year has been consumed for more than 182 days, the seniority operating the vehicle, last year counts as full year.
(11) Regardless of the length of operation of the vehicle and throughout its where insurance compensation requested in cash or by transfer to the bank account of the person injured, the amount of insurance compensation is determined by calculating the average prices of at least three specialized units accepted by the parties for labor and materials related to parts and repair or replacement of damaged parts as well as parts and new parts manufactured under license or former home into corresponding technical requirements and road safety. In case parts and new parts manufactured under license or the original use was not available on the local market, vehicle damage incurred will be determined taking into account the provisions of par. (8).
(12) acts assessment of insurance compensation made without compliance with this Article shall not serve as the basis for payment of insurance compensation.
(13) In case of disagreement between the parties on the choice of the independent expert or unit specialist you need to determine the cost of repair parts or damaged parts, cost of repairs, the value of the vehicle at the time of the accident or the remaining value, the parties will state in this case the damage is legally entitled to use the services of independent experts or individual units specialized for determining damages. In this case, the payment of insurance compensation, the parties will take into account the provisions of art. 22 para. (1) and Art. 28 para. (2) and (3).
Article 24 - repealed
Article 25. Determination of compensation in case of injury
body (1) In case of injury, the insurance compensation is determined by written agreement between the injured party and the insurer.
(2) In the case under para. (1), the insurance compensation will include:
a) the difference between the net income of the injured and compensation funds received from the state social insurance budget, during hospitalization and medical leave - for employed persons;
b) net monthly average income from activities last place of work by the injured party, perhaps with supporting documents - for people who do not have employee status;
c) an allowance not less than the minimum consumer basket - for people injured at the time of the accident vehicle last year degree or qualification without maintaining the salary;
d) any expenses occasioned by the accident, including the costs of transporting the injured person, treatment, hospitalization, recovery, prosthesis, special diet, according to medical prescriptions, proved by documents, which are not borne by the health insurance funds mandatory according to the legislation in force. Expenditure mentioned are determined based on prices charged by institutions in Moldova, according to documents issued by them or, in cases where no institution in Moldova practice not mentioned services, according to documents issued by foreign institutions;
e) actual expenses incurred by caregivers during temporary disability, whether by a medical certificate is desirable, but not less than the minimum consumer basket.
(21) When determining disability due to injuries, the insurance compensation will include the difference between the average monthly income during disability pension and disability to the cancellation of the limits of liability under this law.
(3) In case of death of the third person, the insurance compensation shall be determined by agreement between the successors of the injured party or his legal representative and the insurer.
(4) In the case under para. (3), insurance compensation will include:
a) part of the salary lost by people who were dependents of the deceased or who were entitled to alimony from minus allowances paid from the funds of the state social insurance budget;
b) burial expenses (expenses for the coffin and headstone, transportation costs, costs of embalming and cemetery expenses), proved by documents;
c) transportation costs of the deceased in the locality where the death occurred before in the locality where the funeral took place, proved by documents.
(5) If the documents referred to in para. (4) is not present, compensation is performed at the minimum prices for similar services provided by offices funeral in the town where the funeral took place.
Article 26. Determination of compensation in case of injury
or destruction of animals
(1) Compensation for injury or destruction of the animal in motor vehicle accident is determined by the animal in the local market price on the date of the accident. The costs of treatment of the animal will be reimbursed by the insurer on the basis of documents submitted by the owner.
(2) losers will present the certificate from your local council that he is the owner of the animal injured or perished.
(3) If the animal has to be killed and whose meat can be harnessed to consider calculating the compensation cost capitalized meat.
Article 27. Determination of compensation in case of damage
or destruction of other goods
(1) Compensation for damage or destruction of goods other than those stipulated in Article 23 and 26 shall be determined by the cost of repair, within the limits laid down in Art. 14 (2) a).
(2) Technical Documents (estimate repairs or other assessments) submitted by the injured person is taken into account in determining compensation after they are verified by the insurer.
Article 28. Payment of compensation
(1) The insurer is obliged to pay compensation within 10 days of completion of the claim file and accept the request of the injured on the manner of payment of compensation, which may be:
b) by transfer to a bank account;
c) by transfer to a bank account specialist unit that performed or will perform the repair.
(2) The objections on the amount of compensation shall be communicated to the insurer within 5 days of the completion of the claim file, following that, within five days from the date of notification, the insurer to resolve the disagreement or to submit to them. The presentation of disagreement, the insurer will act this injured party evaluation or estimate costs of repair and / or replacement of parts or damaged parts, indicating prices, or other documents on which it determined the amount of insurance compensation.
(3) If the injured party does not agree with the decision on the amount of insurance compensation insurer, pays compensation in the amount established yet. In this case, the injured person is entitled to appeal the insurer's decision in court.
(31) Where the rights of the injured subrogated insurer under Art. 22 para. (13), any difference for compensation of property insurance and compulsory motor liability remains on the account insurance of goods without being recovered from the insured (person responsible for the accident), if the compensation paid to the provision of goods does not exceed the limit the maximum compensation provided for in art. 14 para. (2).
(4) If the insurance compensation shall be determined by final and irrevocable court decision, the insurer will pay compensation without the necessary consent of the injured.
(5) Compensation shall be paid by the insurer directly to natural or legal persons injured if they were not compensated by the insured or if the agreement between the injured party and the insurer otherwise stated.
(6) Compensation is paid if the insured proves that partially or totally or partially compensated the injured party and that compensation is not to be recovered under Article 29.
Article 29. Action regress
The insurer is entitled to submit regress action person responsible for the damages when:
a) the accident was caused deliberately;
b) at the time of the accident, the vehicle was driven while intoxicated or under the influence of drugs or user of the vehicle refused to undergo testing alcoolscopice or, where appropriate, physical examination and / or harvesting of biological samples;
c) the person responsible for the accident was driving the vehicle without a driving license or in breach of the rules on driving licenses;
d) the person responsible for the accident is not included in the insurance contract between the owner of the vehicle and motor liability insurer, except as provided in art. 8 (2) b);
e) contrary to the legal provisions governing road traffic on national roads and the local person responsible for the accident left his place;
f) the user has no certified vehicle technical inspection at the time of the accident;
g) fault accident occurred author of a crime, who try to flee prosecution;
h) insured vehicle or the user does not comply with Art. 18 para. (1) c) e) and f) for additional expenses related to failure specified.
Chapter VII bureau shall
Article 30. Establishment of the National Bureau
the Motor Insurers
(1) National Bureau of Motor Insurers (hereinafter - National Office) is a professional, non-commercial, created by the community of interests with legal person status, based on the principle of membership compulsory insurance of motor liability as a member that meets the prerogatives and powers of the National Bureau of Moldova to the Council of Bureaux International Assurance System "Green Card".
(2) National Bureau operates under its own statute, this Act, the General Regulation of the Council of Bureaux and normative acts of the supervisory authority issued in this regard.
(3) Status of the National Bureau, amendments shall be approved by the general assembly of its members and recorded as prescribed by law, with the prior approval of the supervisory authority.
(4) The work of the National Bureau is subject to supervision by the supervisory authority in accordance with law.
Article 31. Powers of the National Bureau
(1) The main tasks of the National Bureau are:
a) to supervise its members exercise their rights and fulfill their obligations under contracts of compulsory motor third party liability abroad;
b) to manage and utilize resources for Road Traffic Victims Protection Fund and the Compensation Fund, established under this Act;
c) to investigate and liquidate directly or through an intermediary, damage to vehicle accidents produced in Moldova, according to the General Regulation of the Council of Bureaux;
d) to represent Moldova in the external relations of the Council of Bureaux;
e) to represent the authorities, including the courts, the Republic of Moldova, directly or through an intermediary designated foreign insurance companies conducting international insurance "Green Card" in order to defend their rights and interests;
f) complete, sign and denounce agreements with other national offices or bilateral agreements with national compensation not party to the agreement between the national insurance offices, but that issue similar insurance documents;
g) use, together with the supervisory authority, unified information system for the compulsory motor liability;
h) - repealed;
i) to establish and enforce sanctions, except suspension or withdrawal of membership for non-compliance status and / or the provisions of the General Regulation of the Council of Bureaux, informing the supervisory authority;
i1) its members to apply penalties in the amount of 12% annually, calculated from the amount owed by member since calling the National Bureau warranty date and the date of actual payment of the amount owed by the member. Penalties are applied to the budget of the National Bureau;
j) to print and deliver insurers licensed to provide compulsory motor liability insurance certificate external forms "Green Card" within the period specified in paragraph (21) or authorize its members to print them;
k) exercise other powers set out in this Act and the Rules.
(2) National Bureau:
a) systematically inform the supervisory authority about honoring obligations by its members, penalties, complaints about complaints received from other national offices, frauds detected;
b) develop and submit to the supervisory authority within 4 months from the end of the financial year, the annual activity report also shows the external audit report carried out by an audit firm or an individual auditor, licensed for audit and / or qualification certificate of the auditor in the insurance sector, with publication on its official website.
(21) National Bureau will release the insurer licensed to provide compulsory motor liability external forms of the certificate of insurance "Green Card" in for up to 30 calendar days from the time of payment by the insurer of the cost of forms, taking into account provisions of Art. 5 (2).
(3) National Bureau fulfills other duties under the General Regulation of the Council of Bureaux.
Article 32. Membership of the National Bureau
(1) The membership of the National Bureau is obtained by the insurer from the moment that is licensed to provide compulsory motor liability for internal or compulsory auto liability home and abroad.
(2) Suspension or revocation of license for compulsory motor liability Internal lead to the suspension or withdrawal of membership of the National Bureau.
(3) The supervisory authority will inform the National Bureau about the issue, suspension or revocation of license of an insurer for compulsory motor vehicle liability insurance mandatory internal or external and internal motor liability within three working days from the moment of adoption.
(4) The insurer holding the membership of the National Bureau deliberative vote in the general meeting thereof, taking into account the provisions laid down in Article 36 para. (5).
(5) National Bureau members who are licensed to provide compulsory motor liability internal and external jointly and severally liable for the obligations of the past, present and future of the National Bureau assumed in the international insurance system "Green Card".
(6) Members of the National Bureau who are licensed to provide compulsory motor liability internal and external will work according to the rules established by the internal regulations of the Council of Bureaux and to maintain the National Bureau within the international insurance system "Green Card" .
(7) grounds for suspension or revocation of license for compulsory motor liability by external supervisory authority may serve decision of the leadership of the National Bureau on sanctions if:
a) National Bureau receives 3 or more justified request of the guarantee call within 3 months for the same member;
b) the insurer due payments and fees resulting from their membership of the National Bureau including reinsurance premium payment.
Article 33. Road Traffic Victims Protection Fund
(1) Road Traffic Victims Protection Fund was set up to protect people hurt in accidents caused by vehicles whose owners have not complied with the obligation of compulsory motor third party liability by unidentified vehicles and / or obtained about unlawful.
(2) Insurers licensed to provide compulsory motor third party liability are obliged to contribute to the Fund referred to in para. (1) in proportion to the volume of insurance premiums collected for insurance. The minimum amount of insurance contribution to the fund is determined by the supervisory authority.
(3) The Fund for Road Traffic Victims Protection is to pay damages for bodily injury or death if the vehicle or by accident remained unidentified and payment of compensation for damage or destruction of property and injury or death if the owner of the vehicle responsible for production the accident did not respect the obligation of compulsory motor third party liability or motor vehicle was obtained about unlawful.
(4) Road Traffic Victims Protection Fund is administered and used by the National Bureau, according to the normative acts of the supervisory authority issued in this regard. Up costs, administration and use of the fund will be covered in his availability.
(5) Compensation Insurance Fund for Road Traffic Victims Protection will be made within the limits of his and will not exceed the limits set in article 14.
(6) The National Bureau is obliged to keep records separate accounts deposits to the Fund for Road Traffic Victims Protection and spending it, to preserve its availability in financial instruments bearing interest at financial institutions in money market instruments or securities issued by the state.
(7) In case of shortage of Road Traffic Victims Protection Fund, the supervisory authority may increase during the year to cover the obligations of the Fund, established by normative acts contribution.
(8) In order to recover the amounts spent in the Road Traffic Victims Protection Fund, National Bureau may, in the limits of compensation paid insurance regress action against persons responsible for the damage.
Article 34. Compensation Fund
(1) In strict accordance with the General Regulation of the Council of Bureaux, National Bureau manages and uses the means Compensation Fund established to ensure:
a) reimbursement to country offices abroad the sums they have paid as compensation for damage caused by holders of certificates of insurance "Green Card";
b) repair damaged certificates of insurance "Green Card" fake, unauthorized or modified;
c) payment of the amounts owed to the injured persons in Moldova by holders of certificates of insurance "Green Card" issued by foreign insurance organizations.
(2) Compensation Fund has the financial resources licensed insurance contributions for compulsory motor liability external, namely:
a) initial contribution, as a guarantee in case of not fulfilling the insurer who has been suspended or revoked license or who are in financial remediation procedure obligations on payment of compensation for compulsory motor liability external deadline or case of default payments resulting from their membership of the National Bureau. The balance of the initial contribution, with the interest thereon, shall be returned to the insurer within 30 days of the entry into force of the decision of the supervisory authority regarding the portfolio transfer all obligations for compensation or within 7 years from the date of license withdrawal, but not before the liquidation of damages;
a1) additional contribution, by way of security for the case provided for in point a) of this paragraph, constituted according to art. 351 par. (5). The balance of the additional contribution, with the interest thereon, shall be returned to the insurer within 30 days after it becomes binding on the National Bureau decision governing bodies of the Council of Bureaux relating to revoke or requirement on financial guarantee external and cases for restitution referred to in subparagraph a) of this paragraph;
b) monthly contribution intended objective Compensation Fund, according to para. (1)
c) special contribution in the form of a loan, depending on the current needs of the Compensation Fund.
(3) Source cover the contributions provided in par. (2), the amount and timing of their payment, the administration and use of resources Compensation Fund shall be established by the supervisory authority.
(4) If the National Bureau uses money from the Compensation Fund for the objective laid down in para. (1) a) insurers whose names and account were used obliged to repair all of these expenses.
(5) The National Bureau is obliged to keep records separate accounts deposits, the types of contributions, expenditures of the Compensation Fund and to keep the fund reserves in securities bearing interest at financial institutions in money market instruments or securities issued by the state.
Article 35. The economic resources of the Bureau
(1) Heritage National Bureau consists of:
a) registration fees and annual membership fees fixed in the budget of the National Bureau;
b) monthly contributions to the Road Traffic Victims Protection Fund and their related interests;
c) monthly contributions to the Compensation Fund and their related interests;
d) income from the activity of the claims adjustment;
e) other legal sources of income.
(11) The annual membership fee is the insurer in earnings National Bureau planned in such contributions and determined as the product of gross premiums written by the insurer and the quotient of the amount of revenue the National Bureau planned in such contributions and gross premiums written by all insurers for the last financial year. The annual membership fee is determined for compulsory motor liability internal and external separately and is payable quarterly, until the 25th of the month following the quarter.
(12) The fee for registration is the amount of money you are going to submit to the National Bureau member who has achieved this position for the first time. The size of the fee for registration shall be established in statute and the National Bureau may not exceed the amount of 3000 lei.
(13) Expenses related to fulfillment of the prerogatives and duties of the National Bureau Insurance Council of Bureaux International System "Green Card" will be covered by the annual membership fee established only for insurers licensed to provide compulsory motor liability externally.
(2) Monthly contributions to the Fund for Road Traffic Victims Protection Fund compensation and lose their identity when the National Bureau receives from the insurers and not refunded in case of withdrawal or exclusion from the ranks of the National Bureau members.
(3) The work of the National Bureau is subject to annual external audit compulsory control.
Article 351. external financial guarantee
(1) The financial security is established by the National Bureau external to the Council of Bureaux and the size requirement established by it.
(2) The contribution of foreign insurer Financial Guarantee is the ratio between the size of the guarantee and the number of insurers licensed to provide compulsory motor liability home and abroad.
(3) In case of acquisition by the insurer license for compulsory motor liability Internal and External while it is in force requirement to maintain financial security Foreign National Bureau recalculates contributions to financial guarantee foreign and refunded within 30 days from the date of decision of the supervisory authority to issue the license, the excess contribution made by the new insurer licensed by insurers licensed at the time of recalculation.
(4) Where the license of an insurer for compulsory motor liability Internal and External while it is in force requirement to maintain financial security Foreign National Bureau recalculates contributions to financial guarantee external and insurers licensed at the time of recalculation they are obliged to fill shortage within 30 days of the effective date of the decision of the supervisory authority license cancellation.
(5) In the case under para. (4) of this Article, the contribution of foreign insurer Financial Guarantee and related interest turns its additional contribution to the compensation fund, in compliance with art. 34 para. (2) a).
Article 36. The National Bureau leadership
(1) The management bodies of the National Bureau are:
a) general assembly;
b) the board of directors headed by a chairman;
c) the Executive Director.
(2) the exclusive competence of the general meeting shall be:
a) approval of the statutes and amendments and / or additions in the statute;
b) election of Board members and Executive Director;
c) election of auditors;
d) approval of the annual budget expenditure and revenue, the annual report and balance sheet of the National Bureau;
e) - repealed;
f) other tasks set by statute.
(21) Issuance by insurers licensed to provide compulsory motor liability insurance certificates external forms "Green Card", where they are not authorized to print them, the exclusive competence of the Executive Director.
(3) Powers of Directors of its Chairman and other powers than those specified in par. (21) The Executive Director of the National Bureau are specified in the charter.
(4) The general meeting adopts decisions by simple majority vote of the members of the National Bureau.
(5) Notwithstanding the provisions of par. (4) General Assembly resolutions aimed at aspects of compulsory motor liability external and those aimed powers laid down in para. (2) a), b) and d) are adopted exclusively by simple majority vote of insurers licensed to provide compulsory motor liability externally.
(6) The appointment of the Executive Director of the National Bureau approved in advance by the supervisory authority. The Executive Director must meet the requirements established for persons holding responsible positions in the normative acts of the supervisory authority and no right to pass his responsibilities to others.
Article 37. Information on accidents
(1) The body of police, other competent public authority to find and investigate the accident vehicle shall submit within 15 days at the request of the insurer, the insured and / or the person injured, acts and certified data on the causes and circumstances necessary to determine accident compensation.
(2) National Bureau will provide, upon request, information about the vehicle registered in Moldova, involved in motor vehicle accident occurred outside its borders, as well as information about vehicle registered outside the Republic of Moldova, involved in motor vehicle accident occurred in the territory them.
(3) The form and presentation of information about the car accident are established by the Ministry of Internal Affairs, together with the supervisory authority and the National Bureau.
(4) Public authorities, organizations and citizens are obliged to present free, at the request of insurers, policyholders and / or injured persons, information about vehicle accident.
(5) The Ministry of Internal Affairs and Ministry of Informational Technologies and Communication will ensure the permanent provision of the flow of information needed for the training and maintenance of a single information system for compulsory motor liability.
Article 38. Evidence of insurance
(1) The insurer keep separate daily accounting under electronic and on paper on compulsory motor liability and submit monthly report and quarterly in the manner and within the deadlines set by the supervisory authority.
(2) The insurer established and maintained daily, fully electronically and on paper, the Register of insurance contracts concluded on compulsory motor third party liability insurance certificates including "Green Card".
(3) The insurer is obliged to provide the supervisory authority and the National Bureau, as set forth information about each contract of compulsory motor third party liability.
Article 39. Control of compulsory
(1) Patrolling the National Inspectorate of the Interior Ministry is invested with the supervision of the holding by car owners the compulsory motor liability law.
(2) Border Police under the Ministry of Interior will exercise its border checkpoints of the Republic of Moldova, the control function:
a) entering the country, the ownership by users of vehicles registered in other countries of the international insurance documents valid in the Republic of Moldova;
b) to leave the country by all users holding on vehicle documents motor vehicle liability insurance and their validity for the country of destination.
(21) authorized technical inspection stations will conduct technical testing only vehicles whose owners have compulsory vehicle liability law.
(22) In the production control function, the entities referred to in para. (1), (2) and (21) will use the unified information system for the compulsory motor liability based information exchange agreements with the supervisory authority.
(3) - repealed
(4) - repealed
(5) Upon entry into service, making changes in the registration certificate of a motor vehicle and regular technical checks is not necessarily show proof of compulsory motor liability law, under this law.
(6) Operating in Moldova vehicle without insurance compulsory motor liability internal or, where appropriate, without valid international insurance document
Chapter VIII TRANSITIONAL AND FINAL
(1) The contracts of compulsory motor liability concluded before the entry into force of this law take effect until the expiry of the periods prescribed for them.
(2) Insurers, the entry into force of this law, licensed for insurance mandatory right to practice compulsory motor liability and license for property insurance with the right to carry international insurance "Green Card" will Article 5 comply within 12 months from the date of entry into force of this law.
(21) The National Bureau is the successor in rights and obligations of the National Agency of insurance of civil liability of owners of vehicles and urban electric vehicles "ARCA"
(3) Upon entry into force of this Act, the Guarantee Fund to help the victims of road accidents and availabilities Common Fund "Green Card" taken over by the Road Traffic Victims Protection Fund and respectively the compensation fund.
(4) surplus budget funds provided for in article 33 and 34 at the end of the financial year shall be carried over to the next financial year for the same purpose.
* (5) After a period of 5 years from the entry into force of this law, insurers will decide by mutual agreement with policyholders, premiums for compulsory motor liability insurance in accordance with regulations approved by the supervisory authority and the bonus-malus developed by the supervisory authority.
* Under the LP239 29.12.15, MO25-30 / 02.05.16, Article 59, Article 40 para. (5) repealed since 02/01/2018
(6) - repealed
(7) - repealed
(1) This Law shall enter into force 6 months after its publication in the Official Gazette of the Republic of Moldova.
(2) For the left bank of Nistru, the provisions of art. 5 (1) a) will apply the Transnistrian conflict settlement.
(3) Upon entry into force of this law, the Chapter IV of Law no. 1508-XII of 15 June 1993 on insurance.
(4) The Government, within 3 months:
- Submit to Parliament proposals on bringing existing legislation into conformity with this law;
- Bring its legislation in conformity with this law.