MOTOR VEHICLE ACCIDENT VICTIM INSURANCE POLICY

Transcription

1 MOTOR VEHICLE ACCIDENT VICTIM INSURANCE POLICY Subject to the coverage, conditions, and exclusions of the insurance and being endorsed hereon, the Company agrees with the Insured as follows:- 1. This Insurance Policy shall be enforced immediately when the Insured has already paid the premium. It shall deem as proper payment of premium to the Company when such payment shall be made to the insurance agent, employee and insurance broker who are authorized to receive the premium including any person or juristic person whose deeds shall be admitted by the Company as the agent of the Company. 2. Definitions: When used in this policy or endorsement to this policy:- Company means the Company issuing this policy Insured means the person named as the Insured in the schedule. Victim means the person sustaining loss on life, health or injury caused by a motor Vehicle being on use or being on the road, or caused by objects carried or installed on the said motor vehicle and also included a statutory heirs of the said victim at death. Registrar means the Secretary General of the Office of Insurance Commission or the person assigned by the Secretary General of the Office of Insurance Commission with announcement duly made and published in the Royal Gazette. Schedule means the schedule of this insurance policy. Motor Vehicle means the vehicle insured for and with particulars stated in the schedule. Each Accident means an event or series of events arising from same one cause. 3. Coverage Agreement for the Victims: Following the Agreement No.6, the Company shall compensate in respect of loss of life, bodily injury or sanitary health to the Victims, in the name of the Insured for legal liability, caused by the motor vehicle being on use, being on the road or caused by objects carried or installed on the said motor vehicle during the insured period as under: Victims: In case of sustaining bodily injury or effecting sanitary health but still not be of dismemberment or disability as per 3.1.2, the Company shall compensate them the costs of medical expense altogether with loss of those eligible under the infringement benefits by laws to the Victims up to the actual incurred amount but in total not over than Baht 50,000.-/person In case of sustaining bodily injury or effecting sanitary health by any one case or several cases of loss as under, the Company shall compensate to the Victims, highest amount up to Baht 200,000.-/persons. 1

2 (1) Blindness (2) Deafness (3) Dumbness or loss of speaking ability or torn tongue. (4) Loss of reproductive organs. (5) Loss of arm, leg, hand, foot, finger or any other organ. (6) Permanent insanity (7) Permanent disability In case of death, the maximum amount of compensation up to Baht 200,000.-/person shall be paid by the Company In case of treatment at the hospital as the in-patient, the Company shall pay the daily compensation for Baht200.-/ day (Max. 20 days) whilst treatment as the additional indemnity apart from 3.1.1, and In case of sustaining bodily injury as per and suffering later the losses as per or or both and 3.1.3, the Company shall pay the maximum amount of compensation up to Baht 200,000.-/ person but not over than Baht 204,000.-/ person in combination with In the event the Victim is the Insured or person in the insured s family which is not the driver who must take up responsibility over the accident, the contents in 3.1.1, 3.1.2, 3.1.3, and shall be enforced accordingly. 3.3 In the event the Victim is a driver of insuring s vehicle who must be legally liable to accident or no any person who must be legally liable to the driver as victim, the Company shall be liable to pay not exceeding the amount of preliminary compensation only. In all, the Company shall pay compensations as mentioned above, not exceeding the maximum amount fixed per one person or all together per any one accident as stated in Item 4 of the schedule. 4. Preliminary Compensation: Following the Agreement No.6, the Company shall pay preliminary compensation to the Victim who is at loss of life, or bodily injury without proving of driving s fault within 7 days as from date of filing claim to the Company as under:- 4.1 In case of bodily injury to the Victim, the Company shall pay for medical expenses and related expenses, necessary for medical treatments as per amounts really incurred but not exceeding Baht 30,000.-/person. 4.2 In case of sustaining bodily injury by any one case of loss as under, the Company shall pay to the Victims at the amount as preliminary compensation at Baht 35,000.-/ person. a) Blindness b) Deafness c) Dumbness or loss of speaking ability or torn tongue d) Loss of reproductive organs 2

3 e) Loss of arm, leg, hand, foot, finger f) Loss of any other organs g) Permanent insanity h) Permanent disability 4.3 In case of death, the Company shall pay for funeral expenses including necessary expenses related to ceremony arrangement for the Victim at the amount as preliminary compensation at Baht 35,000.-/person. 4.4 The compensation as per 4.1, 4.2 in combination or 4.1 and 4.3 in combination. In case of loss as per 4.1, 4.2 and 4.3 or as per 4.2 and 4.3, all preliminary compensations shall not be exceeding Baht 65, In case of bodily injury to the Victims, caused by two motor vehicles or more, the compensation as per 4.1, 4.2 or 4.3 or 4.4 as the case may be, shall be paid by the Company to the Victims, who are in the motor vehicle insured with the Company. But if the Victims are not the Persons who are in the motor vehicle that caused the foregoing loss, the compensation shall be paid equally by the Company to the Victims. All preliminary compensation are forming part of the compensated amount, indicated in 3 above. 5. Receiving of the preliminary compensation: The Victim must demand preliminary compensation within 180 days as from date of accident with hereunder evidences submitted to the Company: Bodily Injury Receipts or Debit Notes of all medical treatments from the hospital or clinic Copy of Identification Card, Alien Certificate, Passport Book or other personal evidences, issued by the governmental authority which can be on proof that the said person is the Victim as the case may be. In case of sustaining bodily injury by any one case as per 4.2, in addition to the evidences as per and 5.1.2, the doctor s certificate or doctor s comment or any evidences which can be on proof that the said person is the Victim together with the investigator s daily report or any evidences which can be proof that the said person sustains the loss from the Motor Vehicle Accident are needed. 3

4 5.2. Death Copy of Mortality Certificateor any evidences, as announced by the registrar, which can be proof that the said person is the Victim Copy of Police Daily Report on due investigation made by the police or other evidences showing that his death was due from the accident caused by the motor vehicle Demanding to the preliminary compensations as per 5.1 and 5.2 altogether, must be attached with the evidences as per 5.1 and Advance payment of medical expenses, daily compensation and funeral expenses In case of road accident sustained between the motor vehicle insured with the Company and that with the other party which has had also the insurance coverage under the Motor Vehicle Accident Victims Act, causing bodily injury or death to the victim, the Company agrees to make advance payment to the victim who has been on traveling along with or getting on or alighting off the motor vehicle, insured with the Company as follows:- 6.1 All medical expenses not exceeding Baht 65,000.-/ person for bodily injury. 6.2 Daily compensation in case of the treatment at the hospital as the in-patient for Baht 200.-/ day (Max. 20 days) 6.3 Compensation or funeral expenses up to Baht 200,000.-/ person for death, dismemberment or permanent disability. 6.4 The compensation as per 6.1, 6.2 and 6.3 in combination shall not be exceeding Baht 204,000.-/ person As for the Victim who is the outsider, the advance payment of medical expenses, daily compensation or funeral expenses as above shall be made equally on average to the Victim by the Company and by the other party s insurer. Thereafter the payment, if the negligence, causing the accident could be proved for that to be of other driver or passenger not be on insurance with the Company, the Company is entitled to seek recovery of medical expense, daily compensation for loss of income or funeral expenses by this conditions of subrogation to the insurer of the opponent party who must be legally liable to the accident. 4

5 On the contrary, if the advance payment of medical expenses, daily compensation for loss of income or funeral expenses as above are made by other party s insurer, to the Victim who has been on traveling along with, getting on or alighting off the motor vehicle, insured with the Company as well as to the outsider as victim; or to the heirs at law of the said victim and thereafter the negligence, causing the accident could be proved for that to be of driver or passenger be on insurance with the Company, the Company agrees to make reimbursement within 30 days upon demanding to the said insurer who makes the advance payment. 7. Coverage of Driver: Any person who is allowed to drive the motor vehicle by the Insured, shall be treated by the Company as if he were the Insured and to have been under the provisions of the this insurance. 8. Coverage of Passenger: This insurance policy is on coverage to the passenger whose liability must be held in consequence of the motor vehicle being on use, or being on the road, or caused by objects carried or installed on the said motor vehicle. 9. Notification of Accident: Wherever of loss, sustaining to the Victim, the Insured or the driver must: Inform to the Company without delay Pass on to the Company immediately on receiving of the Court s summon, Order or the Executed Order from the Court Inform in writing immediately whenever procedure of law suit under civil or criminal offense in Court is found which may cause rising to the rights on claim under this policy. If the Insured fails to perform as provided for under this condition, the Company may demand compensation for any loss arising therefrom unless the Insured can prove that it could not be possible to do so. 10. Handling of claim The Insured shall not admit, offer, or promise for any payment to any person without the Company s consent except the loss, found to have to be liable by the Insured but the Company does no pay the attention to The Company is entitled to conduct a defense The Company is entitled to file law suit, to any person, demanding indemnity for the benefit of the Company in the name of the Insured. For this purpose, the Insured shall give all facts and assistances, considerately reasonable to the Company. 5

6 10.4. When the compensation which should be liable for as per 3 or 4 as the case may be, is fully paid by the Company, before the suit is filed, the Company shall not be responsible for defense on behalf of the Insured In case the compensation is refused by the Company and the matter must be referred to the Court or to the Arbitrator and if the Court or the Arbitrator gives judgment in favor to the Insured, the Company shall be liable to the Insured or the claimant by paying compensation according to the ruling of the court of law or the Arbitrator together with the interest rate of 15% per annum for the period starting from the date of claim denial. 11. Report to the police: When there is a criminal offense by any person which gives rise to the rights on claim under this policy, the Insured shall report it to the police without delay. 12. Expenses for defense: If the Insured is sued in Court for the compensation which is covered by this insurance, the Company shall defend such suit in the name of the Insured by the expenses of the Company. 13. Transfer of the motor vehicle: In the event the motor vehicle insured with the Company by the owner, is transferred of the ownership to other person, the insurance coverage for that motor vehicle shall be then transferred to the transferee and the Company is bound to hold the liability through whole period of insurance still unexpired yet. 14. Use of the motor vehicle: In the event the motor vehicle is used beyond stated in the schedule and the risks are enhanced, the Insured must reimburse to the Company for the amount paid but not exceeding Baht2, Cancellation of policy: The Company is able to cancel this policy by giving the written notice in advance not less than 30 days by registered and confirmed post to the Insured as per address lastly informed to the Company. In such event, the Company shall return to the Insured, the insurance premium pro-rata to period having been so far in force The Insured is able to cancel this policy by giving the written notice to the Company and is entitled to get the returned premium as per scale specified below :- Motor on Coverage % Premium Returned

7 16. Stop of dispute by Arbitrator: In the event of disputes, conflicts or claims arising under the terms of this policy between the claimant and the Company, and the claimant wishes to settle the disputes through arbitration, the Company shall agree and accept the decision of the Arbitrator appointed to the regulations of Office of Insurance Commission. 17. Interpretation of the Insurance terms: Meaning and intension of the insurance term, appeared in the insurance including those in the endorsement and supplementary documents, shall be interpreted in accordance with the principal given by the Insurance Registrar. 18. Exclusions this insurance does not cover liability arising from: War, invasion, acts of foreign enemies, hostilities, or warlike operations (whether war be declared or not) Civil war, mutiny, rebellion, revolution, insurrection, military or usurped assuming power, civil commotion assuming the status of or reaching to a popular rising Nuclear weapons and materials Ionizing, radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste, caused so from the combustion of nuclear fuel and for the purpose of this clause, the combustion shall include any self-sustaining process of nuclear fission and fusion Loss arising from embezzlement, misappropriation, plunder, theft, robbery, or gang-robbery Use of the motor vehicle outside Thailand Use of the motor vehicle for an illegal purpose such as to use it for plunder, robbery or for illegal drug trafficking Use of the motor vehicle for racing. 19. Special provisions: Subject to the limit of liability stated in the schedule, the Company shall not rely on the invalidity of the policy or the gross negligence of the Insured or Coverage Agreement under this insurance except 18.1, 18.2, 18.3, 18.4, 18.5 and 18.6 to be as defensive points against the Victims and to deny the liability under this insurance. When the Company has paid compensation which must be responsible by the Insured and that is made with no liability by law or by this policy to the Victims, the Insured shall pay back the amounts so paid to the Company within 7 days. 7