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LAW OF THE REPUBLIC OF MOLDOVA

of December 22, 2006 No. 414-XVI

About obligatory civil liability insurance for the damage caused by vehicles

(as amended on 16-07-2020)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope of application

This law governs the legal relations between insurers, insurers and the third parties following from the agreement of obligatory civil liability insurance for the damage caused by vehicles and also establishes procedure of this type of insurance.

Article 2. Basic concepts

In this law the following basic concepts are used:

motor transportation incident - the unexpected, accidental event caused by one or more vehicles which caused damage to some persons and which can entail claims on compensation;

obligatory civil liability insurance for the damage caused by vehicles (further - compulsory third party car insurance) - the conclusion of the insurance contract certified by the insurance policy AGO and/or the insurance certificate "Green card" according to which the insurer who obtained according to this law license for activities in the field of compulsory third party car insurance shall indemnify the loss caused by motor transportation incident during the term of the agreement of insurance for the certain amount of award paid by the insurer;

the insurer - the owner or the user of the vehicle which civil responsibility is accepted on contractual basis by the insurer based on the agreement of compulsory third party car insurance for the damage caused to the third parties by motor transportation incidents;

supervision body - the National commission on the financial market;

the vehicle - self-moving ground mechanical system, except for moving on rail tracks, serving for public conveyance, baggage and loads or performing any other works and services connected with transportations: the car, the bus, the minibus, the trolleybus, the cargo vehicle (including specialized), the motorcycle, the tractor.

national bureau - the professional organization created according to the Recommendation No. 5 of January 25, 1949 accepted by Subcommittee on road transport of Committee on inland transport of the United Nations Economic Commission for Europe, and combining insurers of one state authorized to perform car responsibility insurance;

According to this law the trail cars, semitrailer trucks and other their types, other self-propelled mechanisms allowed to operation according to the current legislation or registered abroad by competent authorities join in category of vehicles;

National bureau of insurers of vehicles - national bureau of the Republic of Moldova;

Council of Bureau of the International system of insurance "Green card" (further - Council of Bureau) - international association of national bureaus of member countries of the International system of insurance "Green card" responsible for management and coordination of the relations between national bureaus for car responsibility insurance;

peaceful ascertaining of motor transportation incident - the simplified and voluntary procedure of documentation of the motor transportation incident which entailed only causing minor material damage by means of filling and signing by the drivers of vehicles of the form of peaceful ascertaining of the motor transportation incident established by supervision body involved in incident;

minor material damage - the damage caused by means of damage or destruction of property as a result of motor transportation incident which amount does not exceed the maximum amount of compensation established by regulations of supervision bodies in case of application of the procedure of peaceful ascertaining of motor transportation incident;

partial damage – damage of the vehicle to such measure that recovery or replacement of the damaged constituents and details are possible and the size of really suffered damage does not exceed 75 percent of cost of the vehicle for date of making of incident;

complete damage – destruction of the vehicle or its damage to such measure that recovery or replacement of the damaged constituents and details are impossible or that the size of really suffered damage exceeds 75 percent of cost of the vehicle for date of making of incident;

case on damage - the case including all documents necessary for establishment and permission of insured event;

the territory covered with car responsibility insurance (further - the territory covered with insurance) - the territory of the Republic of Moldova (internal compulsory third party car insurance) and the territories of the states which national bureaus are agreement parties between insurance national bureaus of state members of the European economic space and other associated states signed by National bureau of insurers of vehicles (external compulsory third party car insurance);

the injured person - any person having the right to insurance indemnity for the damage or bodily harms caused as a result of motor transportation incident;

the insurance policy AGO - the insurance policy of compulsory third party car insurance certifying the conclusion of the agreement of compulsory third party car insurance and existing within the territory of the Republic of Moldova;

the insurance certificate "Green card" - the international document of insurance issued addressed to national bureau, confirming availability of compulsory third party car insurance and valid outside the country issuer according to the Recommendation No. 5 of January 25, 1949 accepted by Subcommittee on road transport of Committee on inland transport within the Economic United Nations Commission for Europe;

damage - the negative effect suffered by the injured physical person or legal entity in case of approach of the risk covered with the agreement of compulsory third party car insurance;

The general provision of Council of Bureau - the official document accepted by Council of Bureau in Retimnone (island of Crete) on May 30, 2002, containing the mandatory provisions governing the relations between national bureaus of insurers of member countries of the International system of insurance "Green card";

the specialized organization - the physical person or legal entity having the corresponding permission (registered according to the law) which object of activities are sale of vehicles, component parts and spare parts to them and/or performance of works on servicing and repair of the specified means;

the user - person who is owning/using the vehicle including on the basis of the agreement of property hiring, the agreement of leasing or other documents, stipulated by the legislation; other persons managing the vehicle from permission or without the knowledge of the owner. When training at rates of drivers by the user person training to driving of the car is considered;

the bonus-malus system - the system of discounts and allowances to insurance premiums of compulsory third party car insurance applied depending on circumstances of damnification;

residual cost – the cost of the parts of the vehicle which remained unimpaired, subject to dismantling and use in case of complete damage.

Article 3. Object of compulsory third party car insurance

Object of compulsory third party car insurance is the civil responsibility of the owner and/or user of the vehicle for any damage or bodily harm caused as a result of the motor transportation incident taking place in the territory covered with insurance.

Article 4. Categories of persons which are subject to compulsory third party car insurance

(1) Physical persons and legal entities, being owners or users of the vehicles which are subject to registration for the territories of the Republic of Moldova shall be insured on motor vehicle liability case owing to the damage caused by the motor transportation incident which happened in the territory covered with insurance.

(1-1) Obligation of insurance does not extend to the owner or the user of the vehicle which risk is insured according to this law by other person, except for case when the vehicle was transferred to the possession or use of legal person / the individual entrepreneur.

(2) Persons driving on the territory of the Republic of Moldova on the vehicles registered abroad are considered insured if they:

a) are insured according to this law;

b) own the international documents of insurance valid in the Republic of Moldova.

Article 5. Requirements to the insurer of motor vehicle liability

(1) the Insurer can perform activities for internal compulsory third party car insurance if in addition to requirements, the established Insurance law, satisfies the following conditions:

a) has at least than one representative on damage in each municipium of the Republic of Moldova, and also in each branch and/or representation;

b) it is equipped with computer facilities and the corresponding software, and also has personnel, allowing to keep detailed account of insurance documents and to generalize information and/or cumulative data and at the same time to transfer this information on e-mail to the unified information system created by supervision body. At the same time the information system of the insurer shall provide without fail transfer in the on-line mode by means of web technologies of information on compulsory third party car insurance between the main office or divisions of the insurer having the corresponding permission and supervision body;

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