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Ministry of Justice

Republic of Moldova

On May 7, 2015 No. 1041

RESOLUTION OF THE NATIONAL COMMISSION ON THE FINANCIAL MARKET OF THE REPUBLIC OF MOLDOVA

of April 29, 2015 No. 22/3

About approval of the Regulations on use of the bonus-malus system in case of compulsory third party car insurance for the damage caused by vehicles (in the new edition)

(as amended on 18-05-2021)

For the purpose of execution of provisions of Art. 12 of the h. (4) the Law No. 414-XVI of December 22, 2006 "About compulsory third party car insurance for the damage caused by vehicles" (The official monitor of the Republic of Moldova, 2007, No. 32-35, the Art. 112), the National commission on the DECIDES: financial market

1. Approve Regulations on use of the bonus-malus system in case of compulsory third party car insurance for the damage caused by vehicles (in the new edition) according to appendix.

2. Nullify the Resolution of the National commission on the financial market No. 13/2 of April 3, 2008 about approval of the Regulations on use of the bonus-malus system in case of compulsory third party car insurance for the damage caused by vehicles (The official monitor of the Republic of Moldova, 2008, No. 90, the Art. 275).

3. The class and coefficient of "bonus-malus" determined according to the Provision, specified in Item 2, will be taken as basis in case of the first determination of class and coefficient

The Deputy Chairman of the National commission on financial runka

Yuriye Phillip

Appendix

to the Resolution of the National commission on the financial market of the Republic of Moldova of April 29, 2015 No. 22/3

Regulations on use of the bonus-malus system in case of compulsory third party car insurance for the damage caused by vehicles (in the new edition)

1. This provision establishes procedure for use of system of discounts and allowances to award on internal compulsory third party car insurance depending on history of damages of persons specified in the insurance contract, including history of damages of persons which earlier did not have insurance protection and to which insurance indemnities from the Fund of protection of the victims of accidents managed by National bureau of insurers of vehicles (bonus-malus system) were paid.

2. The bonus-malus system is applied in case of the conclusion of contracts of internal compulsory third party car insurance with effective period 1 year to the vehicles registered in the Republic of Moldova by assignment of class and coefficient of "bonus-malus", according to appendix to this Provision, the insurer and person specified in the insurance contract as person allowed to use of the vehicle respectively if person has:

1) the identity certificate from National passport system with the state identification number of physical person (IDNP);

2) the car driver license issued according to the Order of the Government No. 1452/2007 about approval of the Regulations on the car driver license, the organization and holding examination on receipt of the car driver license and admission conditions to traffic.

3. The period of calculation of the class "bonus-malus" begins since May 1 of previous year and comes to the end on April 30 year in which recalculation is made. Recalculation of the class "bonus-malus" is made once a year, on May 19. After recalculation the class "bonus-malus" is applied since May 20 every year.

4. Discounts are applied to insurance premium ("bonus") in case of the conclusion of insurance agreements if during calculation of the class "bonus-malus" which constitutes 12 months insured events on which insurance indemnities were paid were not registered.

5. Allowances are applied to insurance premium ("malus") according to following: for one insured event on which the insurance indemnity during calculation of the class "bonus-malus" was paid the class of the bonus-malus system provided in Item 3, increases by two steps, for two cases - by four steps, for three cases – by six steps, for four and more cases the highest class - "malus" is appropriated.

6. The coefficient of "bonus-malus", including after recalculation, is applied automatically during processing of the insurance agreement by means of the State automated information system RCA Data.

7. For calculation of coefficient of "bonus-malus" in automatic mode separate algorithms for the insurance agreement signed by the insurer with physical person, except for the individual entrepreneur as the insurer and for the insurance agreement signed by the insurer with the legal entity or the individual entrepreneur as the insurer are established.

8. The algorithm for the insurance agreement signed by the insurer with physical person, except for the individual entrepreneur as the insurer contains two stages described in Items 9 and 10.

9. Within the first stage and, depending on case, to each person specified in the insurance contract as person allowed to use of the vehicle after their check on personal code (IDNP) in the database of insurance agreements of the State automated information system RCA Data is appropriated to the applicant of the status of the insurer initial coefficient respectively if:

1) it was revealed that person has the status of the insurer or it is specified in the insurance agreement as person allowed to use of the vehicle, then the coefficient of "bonus-malus" from this agreement will be initial coefficient of person;

2) it was revealed that person has the status of the insurer under several agreements or it is specified in the insurance agreement as person allowed to use of the vehicle, then the coefficient of "bonus-malus" from the last agreement will be initial coefficient of person;

3) it was not revealed that person has the status of the insurer or it is specified in the insurance agreement as person allowed to use of the vehicle, then 1 will be initial coefficient of person.

10. Within the second stage of person, specified in Item 9, are checked on personal code (IDNP) in the database of the State automated information system RCA Data for establishment of quantity of insured events on which insurance indemnities during calculation of the class "bonus-malus" were paid, stipulated in Item 3, thus the coefficient of "bonus-malus" will be determined proceeding from the initial coefficient established according to Item 9, with the corresponding assignment of class and coefficient of "bonus-malus" depending on quantity of insured events on which insurance indemnities, or with their preserving in case of confirmation of the situation described in the subitem 3) of Item 9 were paid.

11. If in case of the conclusion of the insurance contract between the insurer and the physical person, except for the individual entrepreneur, several persons allowed to use of the vehicle for which the agreement is signed when calculating insurance premium are specified the highest coefficient from coefficients of "bonus-malus" of each person is applied.

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