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In what cases can I get a refund of motorcycle insurance premiums?
According to Article 11 of Decree 67/2023/ND-CP, the termination of compulsory civil liability insurance contracts of motor vehicle owners and the legal consequences of the termination of compulsory civil liability insurance contracts of motor vehicle owners are as follows:
In case a motor vehicle has its vehicle registration certificate or license plate revoked according to regulations of the Minister of Public Security , the insurance contract shall terminate from the time the vehicle registration certificate or license plate is revoked.
The insurance company is responsible for refunding the insurance premium paid to the insurance buyer corresponding to the remaining term of the insurance contract from the time the insurance contract terminates.
Thus, according to the above provisions, in case a motor vehicle has its vehicle registration certificate and license plate revoked, the insurance contract shall terminate from the time of revocation and the insurance company shall be responsible for refunding the insurance premium paid to the insurance buyer corresponding to the remaining term of the insurance contract from the time the insurance contract terminates.
Cases of motor vehicles having their vehicle registration certificates and license plates revoked according to Article 23 of Circular 24/2023/TT-BCA include: - The vehicle is broken and unusable, or destroyed due to objective reasons. - The vehicle has expired and is not allowed to be circulated according to the law. - Stolen or misappropriated vehicle that cannot be found or abandoned vehicle, vehicle owner requests revocation of vehicle registration certificate and license plate. - Tax-free imported vehicles or temporarily imported vehicles of foreign agencies, organizations and individuals for re-export, transfer of ownership or destruction. - Vehicles registered in economic zones according to Government regulations when re-exported or transferred to Vietnam. - Vehicle registration, transfer and moving procedures. - Vehicle engine and frame removed to register for another vehicle. - The vehicle has been registered but the vehicle documents are found to be fake or the vehicle has a conclusion from a competent authority that the engine number or frame number has been cut, welded, re-punched, erased or the license plate has been issued incorrectly. |
Motorcycle insurance coverage and exclusions
Scope of insurance and exclusions of compulsory civil liability insurance of motor vehicle owners according to Article 7 of Decree 67/2023/ND-CP are as follows:
- Scope of coverage:
The insurance company is responsible for compensating for the following damages:
+ Non-contractual damages to health, life and property of third parties caused by motor vehicles participating in traffic and activities.
+ Damage to the health and life of passengers on that vehicle caused by the motor vehicle participating in traffic and activities.
- Cases of insurance liability exclusion:
Insurance companies are not responsible for insurance compensation in the following cases:
+ Intentional acts causing damage by motor vehicle owners, drivers or injured persons.
+ The driver who caused the accident intentionally fled and did not fulfill the civil responsibility of the owner of the motor vehicle. In case the driver who caused the accident intentionally fled but has fulfilled the civil responsibility of the owner of the motor vehicle, it is not a case of insurance liability exclusion.
+ The driver does not meet the age requirements as prescribed by the Law on Road Traffic; the driver does not have a driving license or uses an invalid driving license as prescribed by law on training, testing, and granting of driving licenses for road motor vehicles, the driving license is erased or uses an expired driving license at the time of the accident or uses an inappropriate driving license for a motor vehicle that requires a driving license.
In case a driver has his/her driving license temporarily revoked or his/her driving license revoked, he/she is considered to have no driving license.
+ Damage causing indirect consequences includes: reduction in commercial value, damage associated with the use and exploitation of damaged assets.
+ Damage to property caused by driving a motor vehicle with a blood or breath alcohol concentration exceeding the normal value as guided by the Ministry of Health ; using drugs and stimulants prohibited by law.
+ Damage to property stolen or robbed in the accident.
+ Damage to special assets including: gold, silver, precious stones, valuable papers such as money, antiques, rare paintings, corpses, and remains.
+ Damage caused by war, terrorism, earthquake.
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