Talking to Lao Dong Newspaper about this issue, Lawyer Nguyen Tinh, Deputy Head of Tinh Hoa Viet Law Office, said that the case of the car being hit by a tree falling due to storm No. 3 was due to a natural disaster.
This case does not affect a third party, therefore, compulsory civil liability insurance will be excluded.
So, whether a car with a fallen tree due to storm No. 3 will be compensated or not, first we need to find out whether the car owner has purchased voluntary insurance or physical car insurance or not?
The current Insurance Business Law, effective from January 1, 2023, stipulates that auto physical damage insurance is a type of property insurance, a damage insurance contract. The most important basis for this type of insurance is the insurance contract signed by both parties.
The insurance contract will specify the scope and procedures for insurance documents.
Article 46 of the Law on Insurance Business stipulates notification when an insured event occurs as follows:
The insurance buyer must notify the insurance company or foreign non-life insurance company branch when it knows that an insured event has occurred within the time limit agreed upon in the insurance contract. In case the insurance buyer fails to perform or delays in performing this obligation, the insurance company or foreign non-life insurance company branch has the right to reduce the amount of insurance compensation corresponding to the damage that the insurance company or foreign non-life insurance company branch has to bear, except in cases of force majeure or objective obstacles.
Insurance enterprises and branches of foreign non-life insurance enterprises shall not apply the provisions of Clause 1 of this Article if the insurance contract does not contain an agreement on the responsibilities of the insurance buyer and sanctions for failure to perform or delay in performing the obligation to notify about the insured event.
Article 53 of the Law on Insurance Business stipulates loss assessment as follows:
When an insured event occurs, the insurance company, a branch of a foreign non-life insurance company or a person authorized by the insurance company or a branch of a foreign non-life insurance company shall conduct a loss assessment to determine the cause and extent of the loss. The cost of loss assessment shall be paid by the insurance company or branch of a foreign non-life insurance company.
In case the parties do not agree on the cause and extent of the loss, they may agree to hire an independent appraiser, unless otherwise agreed in the insurance contract. In case the parties cannot agree on hiring an independent appraiser, one of the parties has the right to request a competent Court or Arbitration to appoint an independent appraiser. The conclusion of the independent appraiser is binding on the parties.
Thus, when an insurance event occurs (a tree falls due to a storm), people immediately contact the insurance company. Regarding the paperwork, it is necessary to base it on the insurance contract to carry out.
