On the Ministry of Finance's Information Portal, a reader asked: Clause 2, Article 3 of Decree 67/2023/ND-CP explains: "A motor vehicle in operation is a motor vehicle in operation, including moving, stopping, and parking under the control of the motor vehicle owner or driver".
“So if the driver/owner of our company parks the car close to the curb and is hit from behind by a motorbike, can the insurance company refuse to pay the insurance?
We are currently facing a similar case, but the insurance company responded that it may refuse to pay compensation on the grounds that the vehicle is no longer operable when parked. People request the Ministry of Finance to explain more clearly about Article 3 of Decree 67/2023/ND-CP".
The Department of Insurance Management and Supervision, Ministry of Finance responded to this issue as follows:
Article 7 of Decree No. 67/2023/ND-CP stipulates the scope of insurance coverage and exclusions of insurance liability of compulsory civil liability insurance of motor vehicle owners:
“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.
Insurance liability exclusions
Insurance companies are not responsible for insurance compensation in the following cases:
Intentional damage caused by the owner of a motor vehicle, driver or person suffering damage.
The driver who caused the accident intentionally fled and did not fulfill the civil liability of the motor vehicle owner. In case the driver who caused the accident intentionally fled but has fulfilled the civil liability of the motor vehicle owner, 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 the driver has his/her driving license revoked or has his/her driving license revoked, he/she is considered to have no driving license.
Indirect damages include: reduction in commercial value, damages 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 includes: Gold, silver, precious stones, valuable papers such as money, antiques, rare paintings, corpses, remains, damage caused by war, terrorism, earthquakes".
The Insurance Supervision and Management Department added that Clause 2, Article 3 of Decree No. 67/2023/ND-CP stipulates that "A motor vehicle in operation is a motor vehicle in operation, including moving, stopping, and parking under the control of the motor vehicle owner or driver".
Clause 3, Article 3 of Decree No. 67/2023/ND-CP stipulates that "Motor vehicles participating in traffic are the act of the motor vehicle owner or driver operating the motor vehicle to participate in traffic".
The Department of Insurance Management and Supervision, Ministry of Finance recommends that citizens refer to the above legal provisions for reference and comply with legal provisions.
