Recently, many readers have expressed their concerns, can a motorcyclist who causes an accident and is detained contact the motorcyclist insurance company?
A reader said: His son was driving a motorbike when he collided with another person and caused the death of him. His son was then detained pending investigation.
His family had purchased compulsory civil liability insurance (motorcycle insurance). The insurance was still valid at the time of the accident.
Now, because his son is in detention, he cannot file a notice of claim to provide some support to the victim (third party). Therefore, this reader asks, can he work with the insurance company on his son's behalf?
Responding to this issue, on the Government Electronic Information Portal, the Department of Insurance Management and Supervision of the Ministry of Finance said:
According to Point e Clause 1 Article 9 Law on Temporary Detention and Imprisonment 2015:
Detainees and prisoners have the following rights:
To meet a legal representative to conduct civil transactions.
According to Clause 1, Article 138 of the 2015 Civil Code: "Individuals and legal entities may authorize other individuals and legal entities to establish and perform civil transactions".
According to Point d Clause 2 Article 7 Decree No. 67/2023/ND-CP of the Government stipulates:
"Insurance liability exclusions:
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".
According to Clause 1, Clause 2, Article 12 of Decree No. 67/2023/ND-CP on insurance compensation principles:
"Insurance enterprises shall consider and settle insurance claims in accordance with the provisions of the law on insurance business and according to the following principles:
When an accident occurs, the insurance buyer and the insured person must be responsible for:
Immediately notify the insurance company via hotline to coordinate resolution, actively rescue, limit damage to health, life and property, and protect the accident scene.
Do not move, disassemble or repair property without the approval of the insurance company, except in necessary cases to ensure safety, prevent damage to health, life and property or to comply with the request of a competent authority.
Proactively collecting and providing documents specified in the insurance claim file is the responsibility of the insurance buyer and the insured to the insurance enterprise as prescribed in Article 13 of this Decree.
Facilitate insurance companies in the process of verifying the documents provided by them.
Upon receiving notice of an accident, within 1 hour, the insurance company must instruct the insurance buyer and the insured on safety measures, precautions to limit damage to people and property, and provide instructions on documents and procedures for insurance claims; closely coordinate with the insurance buyer, the insured, the third party and relevant parties within 24 hours to organize the implementation of loss assessment to determine the cause and extent of loss as a basis for settling insurance claims.
Accordingly, insurance companies are responsible for collecting documents specified in Clause 5 and Clause 6, Article 13 of Decree No. 67/2023/ND-CP:
Copies of relevant documents of the police agency in accidents causing death to third parties and passengers or in cases where it is necessary to verify that the accident was caused entirely by the fault of the third party, including: Notice of investigation results, verification, and settlement of the accident or notice of conclusion of investigation and settlement of the accident.
Minutes of assessment by the insurance company or a person authorized by the insurance company".
We recommend that you base on the above legal provisions to study and implement in accordance with legal provisions.
Thus, it can be understood that immediately after an accident occurs, the person causing the accident needs to contact the insurance company immediately to notify. In case the person causing the accident is detained to serve the investigation, he/she can still authorize in writing for another person to contact the motorbike insurance company.
