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ORDER
NO. 3113 of 28th November 2003 for the approval of
the NORMS regarding the fulfilment of the law in
respect of the compulsory Third party Liability Motor
Insurance and the authorisation of the insurers to
sell such insurance in 2004
Issuer:
The Insurance Supervising Commission
Published in the Official Gazette Part 1 no.858 OF 3rd December 2002
Having in view the
provisions of the article 5,53 and 67 of the Law no.136/1995 regarding
the insurances and reinsurances in Romania, as altered by the provisions
of the article 45(4) of the law no. 32/2000* regarding the insurance
companies and the supervision of insurance with the subsequent changes
and the supplementations,
Upon the provisions of the article 47(2) and the article 47 (2) k) of
the Law no.32/2000 and the subsequent changes and the supplementations
According to the Insurance Supervising Commission decision of 27th November
2003 by which the Norms regarding the fulfilment of the law in respect
of the compulsory third party liability motor insurance and the authorisation
of the
insurers to sell such insurance in 2004 were approved,
The President of the
Insurance Supervising Commission issues the following order:
Article
1.
The Norms
regarding the fulfilment of the law in respect of the compulsory
Third party liability Motor Insurance and the authorisation
of the insurers to sell such insurance in 2004 as it were enclosed
in the Annex that forms integral part of this order are approved.
Article
2.
The Norms
regarding the fulfilment of the law in respect of the compulsory
Third Liability Motor Insurance enacted by the Order of the
president of the Insurance Supervising Commission no.9 /2002,
published in the Official Gazette of Romania, Part I, no.882
of 7th December 2002 and the subsequent changes are hereby
abrogated.
Article
3
The Department
of compulsory insurance of the Insurance Supervising Commission
will ensure the fulfilment of the present order’s provisions.
The President of the Insurance Supervising Commission
Nicolae Eugen Crisan
Annex no.1
NORMS
regarding the fulfilment of the insurance law in respect of the third
party liability insurance and the authorisation of the insurers to sell
such insurance in 2004.
Upon the
provisions of the articles 5,53 and 67 of the Law no.136/1995,
regarding the insurances and reinsurances in Romania, as modified
by the article 45(4) of the Law no.32/2000 regarding the insurance
companies and the insurance supervision, as well as the article
47(2) k) of the Law no.32/2000, the Insurance Supervising Commission
adopts the following Norms by which the level of insurance
premiums and their payment dates, the limits of indemnities
correlated with the level of insurance premiums, the criteria
to fulfil, the authorisation of the insurers and other elements
to sell the compulsory third party liability motor insurance
in 2004 are established.
TITLE
I
The level
of insurance premiums, the payment dates and the limits of
indemnities.
Art. 1.
(1)The level of premiums for the compulsory third party liability motor
insurance for 2004 is provided for in the annex no.2
(2) It is forbidden for the insurer to collect insurance premiums bellow
those provided for in the annex no.2 with the exception of the cases
mentioned in the article 2(2) and (3).
(3) For the contracting activity of the authorised insurer to sell the
compulsory third party liability motor insurance in other ways than own
permanently employed personnel, the maximum allowed for acquisition expenses
will be:
a) 5% for the insurance agents;
b) 8% for the insurance brokers
The above percentage values will be applied to the premiums collected
according to the paragraph (2).
(4) Failure to observe the provisions of the preset article will be subject
to the immediate withdrawal of the authorisation of the insurance company
to sell the compulsory third party liability motor insurance, according
to the article 8 corroborated with the article 39 of the Law no. 32/2000
with the subsequent changes and the non authorisation for the next year.
Art.2.
(1) The persons holding motor vehicles registered or subject to be registered
in Romania, are obliged to conclude third party liability motor insurance
policies; the Policies will be issued for the period of which the insurance
of concluded. The insurance premiums are due as follows:
(a) for the motor vehicles already registered as at 31st December 2003,
the premiums will be paid for the whole year 2004 or pro rata, for the
following periods:
- 1st January- 31st December 2004 until 31st December 2003;
- 1st January –31st May 2004 until 31st December 2003
- 1st June - 31st December 2004 until 31st May 2004.
The obligation to pay stands at the level of premiums provided in the
annex no. 2 and in the case in which the holders of the motor vehicles
registered before 31st December 2003 do not observe the payments date.
(b) prior to the registration of the motor vehicle in traffic , for the
motor vehicles that are registered / re-registered within 1st January-
31st December 2004;
(c) prior to the issuing of the temporary traffic authorization.
(2). The individuals in pension benefit from a deduction of 20% from
the insurance premiums based upon the pension ticket or the decision
of pension.
(3) The individuals with locomotion deficiencies holding motorcycles
or motor vehicles adapted to their handicap, inclusive of those received
for use, will benefit from a deduction of 50% of the insurance premiums.
(4) In the case of non-payment the premium at the due date provided for
in the paragraph (1), the holder of the motor vehicle is deemed uninsured
until the date of the insurance is in force.
Art.3.
For the motor vehicles that are temporarily registered, which are respectively
going to be definitively moved out of the country, as well as in the
case of a provisory issue of an authorization for traffic, the insurance
premiums are calculated monthly and represents 1/10 of the annual premium
provided for in the annex no.2.
Art.4.
For the motor vehicles that are permanently registered in Romania within
the period 1st January-31st December 2004 the insurance premium for each
month or a fraction of a month between the date of the beginning of the
insurer’s liability and 31st December 2004, represents 1/10 but
no more than annual premium; any pro rata of a month, will be considered
an entire month. The insurance policies will be conclude for a validity
period until 31st December 2004.
Art.5.
(1) For the motor vehicles that are used for seasonal agriculture or
constructions activities which are not used at least consecutive 3 months,
the insurance premiums are calculated monthly and represent 1/10 of the
annual premium provided for in the annex no.2.
(2) The holders of parks of motor vehicles consisting of at least 10
registered motor vehicles can negotiate the fractional payment of insurance
premiums provided for in the annex no.2, with the insurers authorized
to sell the compulsory third party liability motor insurance.
Art.6.
In the case of the persons entering the Romanian territory driving motor
vehicles registered abroad but not insured or the insurance of which
expires during the period of time they are in Romania, the insurance
premiums afferent to the time the uninsured motor vehicles are within
Romanian territory are paid in advance and integrally, as follows:
a) compulsorily,
at the entrance of the motor vehicle in Romania, at the border
access points, for the persons that enter Romania driving motor
vehicles registered abroad but not insured;
b) at least in the last day of validity of the insurance documents, at
the offices of the authorized insurers in the respective region of Romania,
for the persons entering Romania driving motor vehicles which insurance
documents expire during the stay in Romania;
Art.7.
The insurer’s liability begins:
a) from the moment of the premium payment and the issuing the insurance
policy but not earlier than the date of the insurance getting into force
as inserted in the document for the insured fulfilling his payment obligations
according to the conditions provided for in the article 2 paragraph 1
a) and the article 6;
b) after 48 hours from the expiring of the day in which the insurance
premium was paid and the insurance policy was issued, for the insured
failing to observe his obligations provided for in the articles 2 and
6, respectively for the insured who did not pay the insurance premium
afferent to the respective period of time.
c) from the moment of the insurance premiums payment and issuing the
insurance policy but not earlier than the date of the insurance getting
into force, inserted in the insurance document and the date of the provisory
traffic authorisation being issued by the name of the holder for the
insured that observes his insurance premiums payment obligations provided
for in the article 2 paragraph 1 b) and c).
Art.8.
(1) The insurer’s
liability ceases at 24.00 hrs of the last day of the insurance policy ’s
validity for which the insurance premium due was paid or, prior this
date at the moment of the auto vehicle being stricken off the traffic.
(2) The onus of proof on the payment of premiums belongs to the insured
the prove of it being the receipt, payment order or other document proving
the payment.
Art.9.
(1) For the auto vehicles
that are stricken off the traffic within 1st January-31st December 2004
the insurance premium for each month or fraction of the month within
the date of beginning and that of the cease of insurer’s liability
represents 1/10 of the annual insurance premium.
(2) The difference between paid insurance premium and that calculated
one as per paragraph (1) is refunded at the written request of the insured,
who will provide the documents proving it and only if indemnity was not
paid or is not due, during the validity period of the insurance.
Art.10.
(1) In one
and the same accident, irrespective the number of persons that
are responsible for it, the insurer will pay indemnity inclusive
for costs incurred to the insured in the civil proceedings
within the following limits:
a) from 1,000,000 up to maximum 2,000.,000,000 irrespective of the injured
parties , in case of loss or damage of the property for direct and mediate
material damages beyond 1,000,000.
b) Up to 700,000,000 for a person but no more than 3,500,000,000, irrespective
of the number of injured party, in case of bodily injury or death, including
the non-pecuniary losses.
(2) The limits of the indemnity mentioned in the paragraph (1) apply
for the bodily injury and property damage occurred by motor vehicles
accidents in 2004.
Art.11.
(1) The insurance
policy issued by the insurance companies authorized to sell this compulsory
third party liability motor insurance and the international insurance
documents issued by a foreign insurance company valid in Romania are
the evidence on the existence of the compulsory third party liability
motor insurance, whilst control is performed by the police in conformity
with the article 64 of the Law no.136/1995 with the subsequent changes.
(2) The insurance policies will be printed in Imprimeria Nationala S.A.
or other printing entities under its supervision, selected by upon the
criteria established by the Order of the Ministry of Finance nr.1177/1997
according to the Executory Order of the Government of Romania no.831/1997
for the approval of the of the model printed common forms regarding the
financial and accounting and the methodological norms for their drawing
up and use. The form, dimensions and the contents of the policy were
approved by the Insurance Supervising Commission and were sent to “Imprimeria
Nationala S.A.”. The series numbers of the insurance policies will
be handed over to the companies that will file authorisation documentation
by cast lots within 5 days from the date of filing.
Art.12.
The level of fines and other sanctions are provided for in the article
63 and 64 of the Law no.136/1995* namely:
a) refusal of the commercial company authorized to conclude the compulsory
insurance will be subject to a fine from 5,000,000 lei up to 20,000,000
lei with the alternative step of one year suspension of activity as per
article 64 of the Law no. 136/1995;
b) breaching by individuals and legal persons of the obligation to insure
provided for by the articles 48 and 56 of the Law no.136/1995 is subject
to a fine from 1,000,000 lei up to 2,000,000 lei and the withholding
of the auto vehicle’s registration Certificate upon the conclusion
of the insurance according to the article 64 of the Law no.136/1995
* The level of fines established by articles 63 and 64 of the Law no.136/1995
was up dated by article 12 of the Executive Order of the Government of
Romania no.1194/2000refering to certain steps to be taken in respect
of the compulsory third party liability motor insurance.
Title II
The insurers authorization and other elements regarding the sell of compulsory
third party liability motor insurance
Art.13.
The authorization to sell the compulsory third party liability motor
insurance in conformity with the Law no.136/1995 and the subsequent alterations,
will be allowed to the insurer complying with the following cumulative
conditions precedent:
a) to be authorized in conformity with the provisions of the Law no.
32/2000 and the subsequent alterations and the Norms no. 2/2001 regarding
the information and the documents required to authorise the insurers
and the criteria to approve their significant undertaking and the significant
persons enacted by the Order of the President of the Insurance Supervising
Commission no. 2/2001 published in the Official Gazette of Romania Part
I, no.501 of 24th August 2001;
b) prove that they have liquid assets that represent at least the social
capital according to the legislation in force.
c) prove the existence of liquid assets admitted to cover the technical
reserves afferent to the life and non-life insurances (only free of warranties
assets will be taken into consideration) and the comply with the rules
of the placement dispersion
d) prove the existence of a coefficient of liquidity for the life and
non-life insurances according to the legal provisions in force to allow
them to meet their short term obligations towards the assureds, for the
certain losses .
e) have a territorial net of at least one unit (branch, agency office),
incorporated with the Register of Commerce in each of the counties of
Romania and the city of Bucharest with the exception of the county of
Ilfov.
f) have for each local subsidiary its own personnel specialized in the
activity of finding the facts and the liquidation of motor vehicles damages
and to pay indemnity to at least one of the subsidiaries in each County
(exception for the County of Ilfov);
g) have an experience of at least 4 years in facultative motor insurance.
h) have adequate hard and soft endowment to allow keeping detailed evidence
regarding the insurance documents and consolidation in due time of the
information and data collected from the territorial units with the view
to creating a database at the national level. Information needed to be
collected and transferred to the database at the national level are those
presented in the annex no. 3.
i) prove the meeting the obligations towards injured parties according
to the legal provisions in force.
Art.14.
(1) In view of being authorized to sell the compulsory third party liability
motor insurance the insurers will present to the Insurance Supervising
Commission following documents:
a) application for authorization to sell compulsory third party liability
motor insurance for 2004 and the documents out of which arise the complying
with the authorization conditions provided for in the article 13;
b) for the insurers that were not authorised to sell the compulsory third
party liability motor insurance in 2003, a report on the insurance contracts
for the facultative motor insurance in the last 4 years (collected premiums,
commissions, indemnities paid, the reserve volume for the outstanding
losses, the number of contracts concluded and the number of the damage
files, out of which those still outstanding)
c) a statement on the assets admitted to cover the technical reserves
for non –life and life insurances;
d) copies of the documents justifying the existence of the liquid assets;
e) the schedule of the monthly payment of indemnities and the monthly
lay-out for the previous years, respectively, the pending year.
f) Extract of the registration at the offices of the Register of Commerce
according to the article 13 (e). For each subsidiary, it will be presented
the list of the specialized personnel employed by a labour contract,
together with the copies of the labour book.
g) company’s engagement signed by one managing directors in the
management of the company confirming that the present Norms will be observed
subject to fines provided for in the article 39 of the Law no.32/2000,
with the subsequent changes and supplementations as per the sample in
the annex 5.
(2) If, following examination the documents discrepancies appear, the
Insurance Supervising Commission may ask supplementary information proved
by official acts and justifiable documents, with the subsequent postponement
of the authorisation until all aspect are clarified.
Article
15.
(1) The applications for the authorisation together with the afferent
documentation according to the present norms, filed within 5 calendar
days from the date of publication of the present norms in the Official
Gazette of Romania Part I will be settled within 12 calendar days from
this date.
(2) The applications for the authorisation together with the afferent
documentation, according to the present norms filed after 5 calendar
days from the date of the present norms being published in the Official
Gazette of Romania Part I, will be settled within 12 calendar days from
the registration at the registration office of the Insurance Supervising
Commission.
Article
16.-
(1) In appliance of the articles 5 and 53 of the Law no.136/1995, as
they were modified by the article 45(4) of the Law no.32/2000, taking
into consideration elaboration and the publication of the present legislation,
the administration of the authorized insurers’monitoring program
and for the relevant protection of assureds, a quota of 0.88% of the
of the insurance premium collected monthly for the compulsory third party
liability insurance is drawn.
(2) The sums so drawn by appliance of the percentage of 0.88% upon the
monthly volume of insurance premium collected will be transferred until
25th day of the next month in the account no.50.0314045240, opened by
the Insurance Supervising Commission with the Treasury of the City of
Bucharest.
(3) The sums drawn as per paragraph no. (1) afferent to the insurance
premiums collected for the compulsory third party liability insurance
during December 2003, for the financial year 2004 will be transferred
by 25th January 2004.
Art.17 -
(1) The insurers are obliged to draw up monthly evidences for the compulsory
third party liability motor insurance according to the samples presented
in the annexes no. 6.a), 6 b) and 7.
(2) The insurers will send to the Insurance Supervising Commission monthly
reports, until the 30th of the next month following the closed month
upon the mentioned evidences.
Art.18. –
The Insurer authorized to sell the compulsory third party liability motor
insurance will keep following accounting evidences:
1.The
book keeping for the insurance premium for the compulsory
third party liability insurance collected during
the financial year 2003 for the financial year 2004:
5442” Current account = 4742“
Income registered in
in Banks regarding
non-life insurances
regarding non life insurances (distinct
analytical)
(distinct analytical)
2. At the beginning of the financial year 2004, will be evidenced
as follows:
4012”Discounts regarding = 702”
Income from the gross written
gross insurance premiums premiums regarding
non-life insurance
afferent to written insurances
non life”(distinct analytical) (distinct
analytical)
and
Concurrently
4742
“Income registered in = 4012”Discounts
regarding
advance regarding the non life insurance
premiums afferent to
Insurances non
life insurance collected in the
financial
year 2003
3. The evidence of the expenses for commissions paid to the brokers
and the agents of insurance.
4722. Acquisition expenses = 5442”
Current accounts in banks reported on account of regarding
the general insurances
general insurances”
(distinct analytical) (distinct
analytical)
= 5472”
Cashier regarding the
non-life
insurance( distinct analytical)
Subsequently
it will be evidenced the distribution of these expenses
for the period to come, per types of expenses according
to the bills payable book , following accounting operation
being effected:
656”Expenses
regarding = 4722
Acquisition expenses
other services
done by reported
regarding general
third
parties insurances
For
the accounts:
4722 Acquiring expenses reported for non-life insurances and 656 ” Expenses
for other services done by third parties “
will be used following analytical accounts:
- 47221” Commissions for insurance brokers”
- 47222 ” Commissions for the agents of insurance”
- 656221 “ Expenses for the commissions due to insurance brokers
-656222 “Expenses regarding the commissions due to the agents of
insurance.
4.
Evidencing the sum transferred in the account of
the Insurance Supervising Commission according to
the article 16(2).
6432”Expenses on account of = 4472”Special
funds, taxes and
other taxes and in payments assimilated
in payments regarding the
assimilated regarding non
life insurances
the general insurances (distinct
analytical)
(distinct
analytical)
4472
“Special funds, taxes and =
5442” Current accounts in banks
assimilated in payments in regarding
the general insurances.
connection with the general (distinct
analytical)
insurances (distinct
analytical)
Title III
The technical
Norms regarding the appliance of the compulsory third party liability
motor insurance for 2003
CHAPTER I.
General dispositions
Art.19.
The insurance undertakings authorized by the Insurance Supervising Commission
to sell compulsory third party liability motor insurance, upon insurance
premiums paid, indemnify the injured third parties for the damages their
assureds are legally bound to make good as a result of the road accidents
caused by auto vehicles within Romanian territory as well as for the
expenses incurred by the assureds in the civil procedure within the limits
provided for in the article 10 (1).
Art.20.
The elements of the third party liability (liability in tort) are comprised
and indemnities are paid when following cumulative conditions are met:
a) a tortuous act is done by the holder or the
driver of the auto vehicle causing the accident like: breach of the traffic
rules, negligent acts in driving the auto vehicle etc.
b) the existence of a loss for the injured third
party;
c) the existence of a causa proxima relation
between the loss suffered by the third party and the tortuous act of
the holder or the driver of the auto vehicle causing the accident;
d) holder’s or the drivers fault in doing the
tortuous act that caused the accident; That causing an act voluntarily
by negligence or imprudence is at fault.
Art.21.
The insurance undertakings indemnify:
1. irrespective of the place the accident occurred
(public roads, roads that are not opened to traffic for public,
within premises and in any other places) during the drive or the laying
up of the insured motor vehicle;
2. for the losses occurred due by the gears and installations
that are set on the auto vehicles, as well as the damages occurred due
to the hauls, medium hauls or attaches to an insured motor vehicle but
only during the periods they are attached to the insured motor
vehicle inclusive of damages produced due to the accidental detaching
off the auto vehicles.
3. if the damage was produced by the driver’s
fault, by the act of the property (when the loss is caused in the
qualities, the action or the interaction of the property) through the
medium of another goods accidentally involving the auto vehicle move,
by leakage, dissipation or fall of the substances or the transported
goods.
Art.22
(1) In the case the injured party faulty contributed to the accident
occurrence or the increase of the loss, that having the liability will
be held responsible for the part of the loss which is attributable to
him (joint fault). In this case the measure of damage for each person
involved will be that resulting from the documents.
(2) In the case the measure of damage for each person does not arise
out of the documents, this will be ascertained in equal parts for each
party involved in the accident, each having a right to indemnity corresponding
to the part of its non-liability for the accident.
Art.23.-
The insurance undertakings will not pay indemnity for:
1. the cases in which the holder or the
driver of the auto vehicle has no civil liability if the accident
occurred by:
a. force major;
b. exclusive fault of the injured third
party;
c. by the exclusive fault of a third party;
2. the losses occurred to the property belonging
to insured individuals or legal persons insured if produced by other
auto vehicle belonging to the same individual or legal person,
driven by an agent of the same legal person or by a person for
which the insured individual or legal person is liable.
3. the losses occurred in the cases in which
at the date of the accident the holder does not discharge the onus of
proof with respect to the validity of the compulsory third party liability
motor insurance or the insurance undertakings liability had not
started;
4. the losses valuing less than the minimum of
insurance indemnities provided for in this Act in force at the date of
the accident’s occurrence, for damaging or destruction of property in
one and the same accident irrespective of the number of the injured parties
and the number of the persons responsible for the loss.
5. the part of the loss going over the maximum
limits of insurance indemnities provided for in this Act in force at
the date of the accident’s occurrence in one and the same accident
irrespective of the number of the injured persons and the number
of persons responsible for the loss;
6. the fines of any kind and the expenses in
criminal suit of which the holder of the auto vehicle is bound to pay
as well as the expenses occurred for the fulfilment of the criminal
sentence for the payment of indemnities;
7. the expenses occurred in the criminal proceedings
by the holder or the driver of the insured auto vehicle responsible
for the loss even if the civil part of the criminal proceeding was settled
together with the criminal part;
8. the sums the driver of the auto vehicle, responsible
for the loss, is bound to pay to the holder of the insured auto vehicle
that entrusted it to him for the loss or damage to this auto vehicle;
9. the losses incurred to the persons or their
properties that are carried by the auto vehicle if between the holder
of the auto vehicle or the driver responsible for the loss and
the injured persons a contractual relationships were in force between
these persons(civil, commercial, labour etc , onerous or of gratuitous
title).
10. the losses occurring at the working place by the gears and installations
attached to the auto vehicles if they are used as such for the working
purposes;
11. the losses occurred by accidents of the auto vehicles during loading
and unloading operations, these being professional risks;
12. the losses occurred as a result of the carriage of dangerous goods
(radioactive, ionisating, inflammable, explosive, corroding, combustible),
which caused or aggravated the loss;
13. claims regarding the reduction in value of the goods after repairs.
Chapter II
The notifications
and the assertion of losses
Art.24.
(1) The injured third party will address to the insurance undertaking
that concluded the compulsory third party liability motor insurance with
the holder of the auto vehicle responsible for the accident to recover
the indemnities corresponding to the prejudiced caused by the accidents
of auto vehicles.
(2) If the injured party addresses to his property insurer, the assertion
of the losses, the evaluation and the establishment of indemnities, effected
with the observance of the present Norms represents the evidence towards
the responsible party’s third party liability insurers.
Art.25
(1) Agreement for the establishment of the indemnity upon the parties’
consensus is given by;
a) the holder of the auto vehicle responsible
for the loss or by its driver- only in the cases when the recovery of
the loss is subject to the appliance of the article 58 of the Law no.136/1995
– on the documentation issued by the official public authorities having
the right to investigate the accidents of auto vehicles, upon the notification
or the minutes of finding the losses drawn up by the insurer. This agreement
represents also the notification of the loss for the third party liability
insurer in the sense of the article 59 of the Law no.136/1995;
b) by the injured party (in the case of legal
persons, by their representative) on the minutes of finding of
loss drawn up by the insurer in two copies.
(2) In the cases provided for in the paragraph (1), in the case of individuals,
the agreement may be given by the wife of the insured, respectively the
injured party or, in case of impossibility of both spouses (hospitalised,
death, detention, long absence from the place of residence etc.) by anyone
of the following major individuals: children, parents, sisters or brothers
or the husband and/ or wife of those aforementioned.
Art.26.
Opening of the loss file as well as the finding of loss occurrence is
made as well in the cases in which a notification from the insured responsible
for the loss, but the prejudiced party presents proves confirming the
liability of the insured and the causes and the circumstances of the
accident occurrence to his insurer.
Art.27.
(1) The minutes of finding the loss out will be signed by all the parties
taking part in it’s drawing up.
(2) Possible parties’ remarks as to the loss finding out will be inserted
in the minutes or in an annex of it.
(3) Possible changes in the contents of the minutes of finding the loss
must be certified by the signature of the same persons that signed it.
(4) If, by dismounting or the repair of the damaged property other losses
occurred as a result of the accident but could not be initially found
out, a supplementary minutes of finding the loss will be drawn up with
the participation of all those persons who took part at the initial finding
of loss.
Art.28
After the finding of loss having been made the insurer is obliged to
release a copy of the minutes to the injured party indicating the number
of the file of the loss, the spare parts found damaged in the accident
and the technical steps decided (replace or repair) as well as the list
of documents needed to be filed by the injured party in order to finalise
the file and order the payment.
Art.29.
The insurers can indemnify the injured party even in the case it proceeded
to the repairs of the damaged auto vehicle prior to the insurance undertaking
finding the loss if, the circumstances and the causes of the insurance
event occurring as well as the measure of damage comes out of the documents
in the file. In such circumstances the establishment of damages and the
indemnity will be made upon the data mentioned in the documents drawn
up the police, fire brigade or other public competent authorities, upon
the documentations referring to the repairs’ effective cost corroborated
with the prices asked by the specialised entities, written declaration
of the injured party and the witnesses and other proves presented, corroborated
with the insurance undertaking’s own findings, that arose out of the
examination of the auto vehicle’s repairs and as it is the case, of the
possible component parts or damaged spare parts replaced, as well as
the investigations in connection with the accidents dynamics, its place
etc.
Chapter III.
The indemnities establishment
Art. 30
The indemnities are established upon the agreement between the assured,
the injured parties and the insurance undertaking or, in the case the
agreement was not reached upon the final and irrevocable judgement given
in Romania.
Art. 31
(1) The establishment upon the agreement between the insured, the injured
party and the insurer can be made in the cases of which from the documents
concluded by the police, fire brigade or other authorities having the
competence to ascertain and investigate the auto vehicles’ accidents,
as well as by the notice of assureds, respectively, the drivers responsible
for loss, it results the holder or the driver of the insured auto vehicle
civil liability for the loss and the third party discharge his
burden of proof for it.
(2) In the case of damage or the destruction of the goods, the circumstances
and the causes of the auto vehicle or the accident and the loss occurred,
these can be proved by any legal means of proof if the public authorities
have not retained the determining elements with respect to the causes
and the environments of the loss occurrence.
Art.32.
The indemnities cannot be established upon the agreement of the assureds,
injured parties and the insurers in the case that:
(1) the individuals that are claiming indemnities are the spouse
or the individuals under the care of the holder or the driver of
the auto vehicle having been insured who is responsible for the accident;
(2) the individuals that are claiming bodily injury or death are the
children, the parents, brothers or sisters of the holder or the driver
of the auto vehicle responsible for causing the loss who are not
under the care of these once;
(3) claim for indemnity is made for the deprive of use of the damaged
or destructed property for that specific part of indemnity with the exception
of the lack of use of the transport means claimed by an economic agent
having as object of activity paid services of transport of goods or passengers
but only for the standardised time for the repairs
of the damages produced to the auto vehicle. The part of indemnity afferent
to the lack of use is determined taking into calculation the tariffs
for the cargo and passenger carriage used by the injured party at the
date of the loss occurrence. The onus of proof belong to the injured
party and is accepted upon justifying documents.
(4) Claims are made for the non-pecuniary loss;
(5) Claims are made for value papers, documents, manuscripts, jewellery,
valuable stones, art objects, objects of platinum, gold or silver, stamps,
postage stamps, as well as for the disappearance and the destruction
of money.
(6) Conclusions cannot be traced in connection with the person liable
for the loss, or the circumstances and the cause of the accident as well
as for the value of the damages caused.
Art.33.
In the case that the accident is the object of a criminal proceedings,
the indemnities can be established upon the assureds, injured parties
and the insurance undertaking in the following situations:
1. According to the law, the criminal complaint may be closed by
the parties’ reconciliation;
2. Even if the criminal judgement was final and irrevocable the establishment
of the civil indemnities would be going to be subsequently settled.
3. Although the criminal proceeding cannot be closed by the parties’
reconciliation, following prior cumulative conditions are met:
a. A Public prosecutors’ charge was given to instruct the Court to proceed
or from the acts concluded by the public authorities, signed by the holder
or the driver of the auto vehicle liable for the accident without objections,
certainly arises their civil liability, the damages caused as well as
the driver criminal liability which would submit himself to the criminal
proceeding.
b. Agreement was given for the establishment of indemnities by the consent
of the insured, injured party and the insurer;
c. The injured party engage himself in writing to immediately reimburse
the indemnity received, partially or totally depending upon the criminal
judgement as to the act, the wrongdoer and the liability.
d. the driver of the auto vehicle, responsible for the loss engage himself
in writing regarding the recovery of the indemnity in the case of the
provisions of article 58 of the Law no.136/1995 with the
subsequent changes, apply.
Art.34
For the indemnity establishment in the case of damage or destruction
of the property, claims made by the injured parties are taken into account
according to the legal provisions referring to the cover of the loss
caused to the property without the difference between their value at
the moment of the accident occurring and the remained value being exceeded
as well as the maximum limit of the insurance indemnities provided for
in the present norms.
Art.35
(1) In the case the value of indemnities to be paid for the damage or
the destruction of properties belonging to more persons in one and the
same accident of auto vehicle, exceeds at the date of the accident, the
maximum limit provided for in the normative act in force at the date
of the accident occurring within which the legal costs of the civil proceeding
is included, irrespective of the number of injured persons and the number
of the persons responsible for the loss, the indemnity is paid within
this sum limit, to each injured party proportionally with the ratio between
the maximum limit and the total of the value of indemnity.
(2) In the case the value of indemnities to be paid for the bodily injury
or the death of more persons in one and the same accident of an auto
vehicle exceeds at the date of the accident occurring, the maximum limit
provided for in the normative act in force at the date of the accident
occurring within which the legal costs of the civil proceeding is included,
irrespective of the number of the injured persons and the number of the
parties responsible for the accident, the indemnities is paid within
this sum limit, proportionally with the injury suffered by the respective
person but not exceeding at the date of the accident occurring the
limit per injured person provided for in the normative act in force at
the date of accident for each injured person in the accident.
SECTION A
The assertion of indemnities in the case of damage or destruction
of the auto vehicle/ vehicles.
Art.36.
(1) The indemnities for the auto vehicles can neither go over the value
of damages nor the difference between the value of the auto vehicle at
the date of the accidents and the remained value nor the maximum value
of indemnities provided for in the article 10 paragraph (1) letter a).
(2) The remained value means the value of those parts of the auto vehicle
undamaged after the accident without it going over 25% of the value of the auto
vehicle.
(3) The value of damage for auto vehicles is equal to the costs of repairs
of the component parts or the damaged spare parts or to their replacement
cost inclusive the expenses for materials as well as those referring
to the dismounting and the mounting afferent to repairs or the respective
replacements as a result of the damages caused by the respective auto
vehicle accident, at the prices of the acquisition specialised units,
after the value of contingent undamaged parts is deducted. The specialised
unit means the legal persons legally authorised, having as an object
of activity, the trade of auto vehicles, component parts, replacing spare
parts and materials for these (with the exception of those in consignation)
and/or performing the maintenance and repair work for the auto vehicles.
(4) Upon the damage of an assembly or a subassembly only the replacement
of a component parts or the spare parts that were damaged are taken into
consideration.
(5) The component parts or spare parts requiring replacement mean
only those the repair or the use of which, even repaired, is not possible
from a technical point of view due to their advanced status of damages
or, though repairable, the costs and the expenses for materials and that
of dismounting and mounting afferent to replacement go beyond the value
as new of the component part or the respective spare part, inclusive
the expenses for materials and those afferent the dismounting and the
mounting of same.
(6) The integral repaint of the auto vehicle is considered admitted when
the damaged parts due to the accident represents more than 50% of the
exterior surface of the respective auto vehicle.
(7) The prices for the component parts, the replacing new spare parts
and the costs of materials, are those of the specialized units.
(8)In the cases in which for the auto vehicles repair the foreign currency
was paid by the holder to directly acquire a component part, spare parts
or materials, the costs of such component part, spare parts or material,
is equal to the costs provided in the presented expenses documents (including
of the transport and custom’s expenses, excluding afferent VAT), exchanged
into ROL as per the exchange rate communicated by the Romanian National
Bank on the day of the indemnity payment to the injured person. In these
cases, the costs of component parts, spare parts or the materials to
asse the indemnity will not exceed the sell prices of the specialized
Romanian units, if these are trade in Romania. .
(9) The costs of the repairs carried out for the auto vehicles, is established
upon the documents issued by the “specialised units” observing the time
norms of the producers of the auto vehicle.
(10) In the case the auto vehicles’ repairs are carried out by the injured
party ‘s own means or the payment of indemnity is required prior to the
carrying out of the repairs the relevant costs are assessed by the insurer
and if it is the case on the basis of the justifying documents regarding
the payments effected presented subsequently to the repairs. In such
cases the costs of manual work and the costs of repairs will not exceed,
the trade prices and the tariffs for the manual work pending in the insurers
agreed specialized units, for component parts, spare parts or materials.
(11) If for some component parts or the spare parts of the auto vehicle
there are not current prices at the specialized units, the value as new
is to be established by assimilation with the sell prices offered by
the specialized units for components and spare parts similar to these,
failing which the prices will be established upon the catalogues for
spare parts. In the case the prices are expressed in foreign currency,
the equivalent will be calculated in ROL upon the exchange rate communicated
by the National Bank of Romania at the date of the payment of indemnity.
Art.37.
(1) The auto vehicle’s value at the date of the accident occurring will
be made by deducting the relative wear and tear from the value as new.
(2) The method of establishing the value as new and the relative wear and
tear, provided by the present Norms is applied as well in the cases in which
the indemnity is established by judgment.
Art.38.
The” value as new” means:
a) trade price of the specialised units of Romania
at the date of the accident occurring;
b) for the auto vehicles that are not traded
in Romania, the corresponding sale prices from the specialised
Catalogues equivalent in lei at the exchange rate of the exchange market
communicated by the national Bank of Romania at the date of accident
occurring;
c) For the types of auto vehicles for which
prices are not established or for the types or the models of auto vehicles
that are not any more manufactured the amounts is established by assimilation
with the sale prices *effective on the day of the accident for the auto
vehicles with similar technical characteristics of the domestic or foreign
production.
…………………………………………..
*In the absence of such prices corresponding prices from the specialised
catalogue will be taken into consideration
Art.39.
(1) The wear and tear for the damaged auto vehicle is established by
reference to the age in service, usage and its status of maintenance
at the date of the accident occurring. To determine the wear and tear
the current and capital repairs, inclusive of the replacing costs of
the component parts and the spare parts made before the accident, to
keep the corresponding technical status of the auto vehicle are taken
into consideration. Its value is established upon the documentations
referring to the repairs effective costs or the respective replacements.
(2) The criteria of establishing the wear and tear in the case of the
damages to the auto vehicle are those provided in the Annex no.1.
Art.40.
The indemnities are also paid for:
1. covering the expenses made for limitation of losses, if it was necessary
as a result of the accident and there are evidence on it;
2. in the case of the auto vehicle that cannot move by its own
force:.
a). covering the cost of transportation of the auto vehicle (with the
exception of total loss) to the specialised unit within Romania, closest
to the place of accident capable of effecting the repairs or the closest
place to secure the auto vehicle;
b).costs of transportation to the domicile place of the persons that
effected the voyage in the damaged auto vehicle without exceeding the
tariff provided for the second class train ticket;
c) cost of transportation of the goods on board the auto vehicle including
the trailer/half trailer traced by it until the destination.
d) the expenses provided above must be proved by justifying documents.
Art.41.
In case of the injured party resident abroad, holding auto vehicle registered
abroad:
1. If the repair was effected abroad, for which the indemnities would
be payable in foreign currency, the cost of repair is that provided for
in the repair documentation, taking into account the damages found out
by the insurer as well as possible supplementary damages found out on
the occasion of the repairs making, if their occurrence was justified
by the accident dynamic;
2. In the case the repair was effected in Romania and the indemnity is
claimed in foreign currency, the calculation of cost of repairs in such
foreign currency is made at the exchange rate communicated by the National
Bank of Romania at the date the injured party paid the repairs invoice;
3. In the case the payment of indemnity is asked before the repairs being
effected, the value of damages is established upon the evaluation retained
by the insurer taking into account the findings retained by the competent
authorities, the inquiries made by the insurer in connection with the
dynamic of the accident and the measure of damage as well, if necessary,
the documents subsequently presented with regard to the payments effectively
made by the injured party. The calculation in foreign currency of the
indemnities established in lei will be made at the exchange rate of the
exchange market communicated by the National Bank of Romania at the date
of the proposal made by the insurer to the injured party and accepted
by it.
4. In case the payment is asked in lei for the indemnity established
in foreign currency, the equivalent in lei will be calculated upon the
exchange rate of the exchange market communicated by the National Bank
of Romania at the date of the insurer proposal to the injured party and
accepted by it.
5. The calculation in foreign currency of the limits of indemnities provided
for in the regulation in force at the date of the accident occurring
is made at the exchange rate of the exchange market communicated by the
National Bank of Romania at the date of the accident.
Art.42
In the cases in which the indemnities will be recovered as per article
58 of the Law no.136/1995, the sum to be recovered represents:
a) the indemnity in lei in the case this was paid in lei by the insurer;
b) the indemnity established and paid in currency equivalent in lei at
the exchange rate of the exchange market communicated by the National
Bank of Romania at the date of the payment being effected by the insurer.
SECTION B.
Assessing the indemnities in the case of the bodily injury.
Art.43.
Upon the indemnities establishment by the agreement of assureds, the
injured parties and the insurance undertaking, in case of bodily injury
or the death of a person, following are taken in view:
1. in case of bodily injury:
a) the difference between the net income of the
injured person and the indemnity received from the legal person or the
individual, as employers of the injured person and/or, as it is the case,
from the social security budget, during the hospital treatment and the
temporary invalidity off work.
b) the net average monthly income obtained from
the activities performed by the injured party proved by justifying documents,
in the case of the persons being self employed;
c) the minimum gross salary
per economy in the case of the injured persons being at the
date of the accident occurring in the last year of studies
or the qualification for a profession;
d) the possible costs incurred because
of the accident (expenses for the transportation of the injured
person, treatment expenses, hospitalisation costs, recovery
expenses, for prosthesis, additional alimentation according
to medical prescriptions) documented by proves and which are
not beard by the social insurance provided by the law.
e) the caretakers expenses
during the invalidity if recommended by the medical certificate
but no more than a minimum salary lever per economy.
2. in the case of death:
a) burial expenses, including the funerary stone
as well as those made by complying with the religious rites, upon justification
by documents;
b) proved expenses for the transportation of
corps from the place where the death occurred to the place where the
burial will take place, including those incurred by the embalmation;
c) the net unearned income and other possible expenses that appeared
between the date of the accident and the date of death, provided under
the point 1, if these were caused by the accident occurring.
SECTION C.
Assessing the indemnities in case of property damages or
destruction of the goods other than those provided for the
letter A and D.
Art.44
(1) The indemnities paid for the buildings or other property are established
upon the existing market prices at the date of the insurance risk occurring
within the limits provided in the article 10(1) a)
(2) In the case of the injured party presenting technical documentation
(repair estimations or evaluations) these can be taken into consideration
for the indemnity establishment after prior examination of the insurer.
SECTION D.
Assessing the indemnities in the case of injury or the loss
of the animals
Art.45.
(1) The indemnities for the animals are assessed upon the respective
animal’s value on the local market at the date of the risk insured occurring.
(2) The injured party will present a receipt from the local House stating
that he is the owner of the respective animal.
(3) In the case of the animals for which slaughter is necessary and the
meat can be sold, it will be taken into consideration for recovery the
sum received for the meat that was sold.
.
Chapter IV
The payment of indemnities
Art.46.
(1) The insurer will effect the payment of the indemnities at the latest
within 20 calendar days from the date of the filing by the injured party
of the last document needed for the finalisation of the loss file.
(2) The provisions of the paragraph (1) apply as well in the case the
insurer subrogated in the rights of the injured party according to the
article 22 of the Law no.136/1995, as follows:
a) if there are no objections on the sums asked, these will be paid within
20 calendar days;
b) if there are objections on these sums, these will be communicated
to the applicant within maximum 15 calendar days following by the payment
of indemnity within maximum 20 calendar days if the objections were settled;
3) Due to the dates provided for above the third party liability motor
insurer will update the payment with 0.1% for each day of delay in payment.
Art.47.
(1) Together with the collection of indemnity the injured person will
mention that it has been integrally indemnified for the damages sustained
and it has no more claims towards the insurer as regards the respective
loss.
(2) In the case of the insurer effecting the payment directly into the
injured party bank account, this is deemed fully indemnified if within
30 days from the date of the account crediting it did not notify the
possible objections in respect of the sum to the insurer.
Chapter V
Final dispositions
Art.48.
(1) In the case no agreement was reached and the indemnities are established
by judgment, the insurer will indemnify the injured party without the
insured’s agreement, upon that judgment final and binding, observing
the provisions of the Law no.136/1995 with the subsequent changes and
the present Norms.
(2) In the case of the bearing periodical financial conscription the
sums established under the conditions provided for in the paragraph (1)
will paid until the reduction or the cease of the state of need or the
disability for work, taking into account the pension decisions, medical
certificates and other evidences proving these situations observing the
maximum indemnity limits provided for by the article (1) b).
Art.49.
In case of the victim’s death occurred as a result of the same accident,
after the indemnity covering the bodily injury, as established by the
final and binding judgment was paid, further indemnities can be paid
by the agreement of the parties for the expenses provided for in the
article 43(2).
Art.50.
The agreement between the assureds, the injured persons and the insurers
has a final, unconditional upon, total character and ceases all the claims
arising out of the losses that were or could have been known at the date
of the agreement was reached, for the losses covered in this way, with
the exception of the situation in which, subsequently to paying the indemnity
for the bodily injury, the status of the victim worsened and the death
occurred, as a result of the same accident.
Art.51.
The insurers authorized to sale the compulsory third party liability
motor insurance are obliged to let the assureds know the conditions regarding
this type of insurance provided for in the present Norms.
Art.52.To ensure the assureds’ interest the Insurance Supervising Commission,
through its authorities, examines and settle possible claims received
from the assureds or the individuals or legal persons calling the insurers
services or the insurance brokers, being able to take steps against those
not observing the conditions provided for in the present norms, according
to the article 49.
Art.53.
Upon receipt of indemnity established by agreement the injured person
engage himself in writing by which he undertakes to immediately reimburse
the indemnity received in case the documents concluded by the police,
fire brigades or other authorities having jurisdiction to inquire accidents
of auto vehicles are annulled.
Art.54
The breach by the insurance companies of the present Norms can be sanctioned
in conditions and according to the provisions of the article s 8 and
39 of the Law no.32/2000.
Art.55. The Annexes no.1, 2, 3,4,5,6a, 6b) and 7 form an integral part
of the present norms.
Annex No.1 to the Norms
CRITERIA
for the stating the wear and tear in the cases of losses occurred
to the auto vehicles
Art.1.
(1) In view of establishing the auto vehicle’s value at the date of the
insured event, the wear and tear is deducted from their value as new.
The wear and tear means that part of the auto vehicle value lost by years
of service.
(2) The wear and tear is calculated by applying a percentage to the value
as new of the auto vehicle at the date of the insured event occurring.
(3) The wear and tear percentage is established upon the rank of using
the auto vehicle expressed in kilometres as well as the years of service
expressed in time units (years), differentiated by the categories of
auto vehicles according to the lists of wear and tear coefficients no.1
and 2*.
(4) Followings are necessary to establish the wear and tear coefficient:
a) the date of the auto vehicle beginning the service as new , mentioned
in the documents of its identification respectively( identity card, certificate
of registration etc), or, in the absence of it, the manufacturing
year on the original plate of the auto vehicle;
b) The distance covered by the auto vehicle in kilometres respectively
from the beginning of service until the insurance event occurring.
Art.2. -
(1) For the auto vehicles for which all the data provided for in the
art.1 (4) are known, to establish the wear and tear coefficient for the
damaged auto vehicle, it is checked the line related to the service period
(in years) and the column related to the average status of maintenance
(made for an average distance covered for a year for 10.000 kilometres**)
and by the crossing of which the respective wear and tear coefficient
is found.
(2) In the case there are differences between the real distance covered
and that obtained by using the annual average, the coefficient corresponding
to the average status of maintenance will be amended by 0.6% for each
1000 km* without be able to go beyond the coefficients related to the
good or satisfactory status of maintenance.
…………………………………
**The correction will be made by summing up if the real distance covered
is more than 10,000 km/year, or decreasing if the real distance covered
is less.
Art.3. -
(1) For the auto vehicles for which the distance covered in kilometres
made until the insurance events occurred is not known or this is not
in line the technical status of the respective auto vehicle, the wear
and tear coefficient for the damaged auto vehicle is established upon
the years in service and its status of maintenance provided for in the
lists of the wear and tear coefficients no.1. and 2.
(2) The status of maintenance of an auto vehicle may be good,
average and satisfactory.
(3) The establishment of the auto vehicle’s status of maintenance is
made in accordance with its status before the insurance event occurred
upon the herein below criteria:
a) good status of maintenance
The auto vehicle presents: the integrity of the coachwork elements, protection
bars and the wheels’ lids; intact painting without exfoliation or apparent
traces of rust of the plate sheet iron, tapestry work without spots,
traces of premature wear and tear or tearing; tires uniformly used without
prominent traces on the wings as a result of an inadequate adjustment
of the direction; the engine without leakage on the lateral sides or
the internal ground loops of the space allotted to it.
b) average maintenance status
The auto vehicle shows: coachwork’s deformation, protection bars’,
and the wheel’s lids up to 10 decimetres^2 for the external area, the
paint’s degradation as to the lighting with apparent traces of rust on
total surface up to 10 decimetres^2, exfoliations up to 0.5 centimetres^2
or other scratches; spots on the tapestry work of the chairs.
c) satisfactory status of maintenance
The auto vehicle presents: coachwork’s deformations, protection bars
and the wheels ‘lids for more than 10 decimetres^2 on the total external
area; paint degradation, lighting total loss, with exfoliations on a
total surface of more than o.5 centimetres^2, with evident traces of
apparent rust and other scratches, the tapestry work deteriorated
and dirty, the tires unevenly used with prominent traces on one of the
flanks as a result of an inadequate adjustment of the direction; the
engine having oil traces on the superior and lateral parts as a result
of the leakage at the distribution’s cover, combustion head’s or aside
the watertight trimmings; large movements of the direction of the steering
wheel.
(4) Knowing the date of entering the service as new and its status of
maintenance technically justified, to establish the wear and tear coefficient
for the damaged auto vehicle, the horizontal line of the list of coefficients
corresponding to its years in service is searched and a wear and tear
coefficient is found within those corresponding to the good and satisfactory
status of maintenance.
Art.4.
(1) For the auto vehicles that current repairs were carried out before
the insurance event, including replacement of component parts or the
original parts, in order to maintain the corresponding technical status
of the auto vehicle the calculation of the wear and tear
coefficient is made upon the following relation:
Ur= U x K
in which:
Ur = the recalculated wear and tear coefficient of the auto vehicle
U = the wear and tear coefficient arising out the lists of the wear and
tear coefficients upon the above mentioned data;
(A
– a)
K = coefficient of the wear and tear correction ----------
A
in which:
A= the value as new of the auto vehicle
a = the total cost of the current repairs , including the replacements
of the component parts or the original parts done before
the insurance event occurring excluding those carried out as a manufacturing
defects, to keep or improve the corresponding technical status of the
auto vehicle, based upon the documentation regarding their effective
cost.
(2) The wear and tear coefficients
(U) inferior to those minimal or superior to those maximum will not be taken
into consideration for the years in service, distance covered and the status
of maintenance of the damaged auto vehicle, provided in the lists of wear and
tear coefficients no.1. and 2.**
* The lists no.1 and 2 are reproduced in facsimile.
THE LIST OF THE
WEAR AND TEAR COEFFICIENTS NO.1
for the auto vehicles the authorised maximum mass of which
does not overpass 3.5. tons and for those the number of chairs
is not more than 9
________________________________________________________________
Wear and Tear Coefficients (%)
_________________________________________________________
Years Good status Average
status Satisfactory
of of status
of status
of
maintenance maintenances maintenance maintenance
____________________________________________________________________
1 0 4 6
_________________________________________________________
5 9 13
________________________________________________________________
2 12 18 28
_________________________________________________________
18 28 35
________________________________________________________________
3 23 33 40
_________________________________________________________
26 37 45
________________________________________________________________
4 30 42 50
_________________________________________________________
34 45 53
________________________________________________________________
5 37 48 56
_________________________________________________________
41 52 59
________________________________________________________________
6 45 55 62
_________________________________________________________
48 58 65
________________________________________________________________
7 51 62 69
_________________________________________________________
53 65 72
________________________________________________________________
8 56 67 75
_________________________________________________________
58 70 78
________________________________________________________________
9 60 72 80
_________________________________________________________
61 73 82
________________________________________________________________
10 62 74 84
_________________________________________________________
63 75 85
________________________________________________________________
over 10 63 75 85
________________________________________________________________
NOTE:
The wear and tear coefficients in the list, corresponding to the years
in service are differently set for these years, for half a year and for
a whole year in service
THE LIST OF THE
WEAR AND TEAR COEFICIENTS NO. 2
For the auto vehicles the authorised maximum total mass is less than
3.5toand for those the number of places in chairs is more than 9
________________________________________________________________
The wear and tear coefficients (%)
_________________________________________________________
Years Good status Average
status Satisfactory
of of status
of status
of
maintenance maintenances maintenance maintenance
____________________________________________________________________
1 0 5 7
_________________________________________________________
6 10 15
____________________________________________________________________
2 12 20 27
_________________________________________________________
18 25 34
____________________________________________________________________
3 23 30 39
_________________________________________________________
28 35 44
____________________________________________________________________
4 33 40 48
_________________________________________________________
37 45 52
____________________________________________________________________
5 41 49 56
_________________________________________________________
44 52 60
____________________________________________________________________
6 47 55 63
_________________________________________________________
50 58 65
____________________________________________________________________
7 53 60 68
_________________________________________________________
55 64 70
____________________________________________________________________
8 58 66 72
_________________________________________________________
60 68 74
____________________________________________________________________
9 63 70 76
_________________________________________________________
65 71 77
____________________________________________________________________
10 66 73 79
_________________________________________________________
67 74 80
____________________________________________________________________
11 68 75 82
_________________________________________________________
69 76 83
____________________________________________________________________
12 70 77 84
_________________________________________________________
71 78 85
____________________________________________________________________
over 12 71 78 85
____________________________________________________________________
NOTA:
The wear of tear coefficients in the list, corresponding to the years
in service, are set differently for these years, for half a year and
for a whole year of service.
ANNEX 2
To the norms
THE LEVEL
OF PREMIUMS FOR COMPULSORY THIRD PARTY LIABILITY MOTOR INSURANCE FOR
2004
I*) In the case of the persons holding cars holding auto vehicles registered
in Romania
- lei -
________________________________________________________________________________
Type of the 1
January - 1
January - 1
July -
Auto vehicle 31st
December 30th June 31st
December
___________________________________________________________
individuals legal individuals legal individuals
legal
persons persons persons
________________________________________________________________________________
1.Cars
(including
four wheels drive cars
and mixed cars
the total authorised
maximum mass does not
overpass 3.5 t),
ambulance cars,
auto trainers, having
the cylinder capacity
of:
a) up to 1.200 cmc 1200000 1330000 560000 6652000 560000 665000
b) between1.201 -
1400cmc 1280000 1650000 640.000 825.000 640000 825000
c) between 1.401 1520000 2230000 760.000 115.000 760000 1115000
1.600 cmc
d) between 1.601- 1660000 2420000 830000 1210.000 830000 1210000
1.800 cm^3
e) between 1.801 - 1647000 2245000 685000 944.000 962000 1301000
2.000 cmc
f) over 2.000 cmc 2560000 3530000 1280000 1765000 1280000 1765.000
________________________________________________________________________________
2. Auto vehicles
for passengers
transport
(including
auto vehicles specialized
for passengers transport)
a) having
10, to17 places
on chairs exclusively
the driver chair
included 3390000 4020000
1695000 2010000 1695000 20.10000
b) having over
18 chairs,
including that of
the driver’s 6140000 7290000 3070000
3645000 3070000 3645000
c) trams
trolleys - 5840000 - 2920000 -- 2920000
________________________________________________________________________________
3. Motorcycles with/
without attach 890000 1460000 445000 730000 445000 730000
________________________________________________________________________________
4. Road tractors
having engine
power of:
a) up to 45 HP
included 750000 750000 375000 375000 375000 375000
b) over 45 HP 3650000 3650000 1825000 1825000
1825000 1825000
________________________________________________________________________________
5.Other auto vehicles
than those
mentioned under
points 1 - 4,which
total maximum
authorized mass is:
a) up to 2,300 kg 2210000 3190000 1105000 1595000 1105000 1595000
b) between 2,301 –
and 3,500 kg 3480000 4380000 1740000
2190000 1740000 2190000
c) between 3,501 -
7,500 kg. 4760000 5480000 2380000
2740000 2380000 2740000
d) between 7,501 -
and 16,000kg 5840000 7290000
2920000 3645000 2920000 3645000
e) over 16.000 kg 7290000 9480000 3645000 4740000 3645000
4740000
_________________________________________________________________
*) a)Insurance premiums are paid auto vehicles only. For trailers,
half trainers and attaches no insurance premium is paid.
b) The above insurance premiums are paid as well and each taste
driving number.
c) The insurance premiums related to the above mentioned periods
are collected in provided quantum, its fractioning being not possible, with the
exception of the cases provided for in the art. 5(2) of the Norms.
d) For all the auto vehicles that are not expressly mentioned
under point 1 the tariffs mentioned under point 5 (utilitarian auto vehicle,
wagons, trucks, special auto vehicles) will be applied.
II*) In the case of the persons that enters the territory
of Romania driving auto vehicles registered abroad, but uninsured or the
insurance of which expires during the periods they are within Romanian territory.
-
lei -
________________________________________________________________________________
Insurance premium for a month or a part of a month within 1 January -
31 December 2002,
for
each auto vehicle registered
Type of the auto vehicle abroad
________________________________________________________________________________
1. Cars 3.010.000
2. Motorcycles 1.610.000
3. Other auto vehicles except cars
and motorcycles 7.410.000
---------------------------------------------------------------------------------------------------------
*) The insurance premiums are paid for auto vehicles only.
There are no insurance premiums payable for trailers, half trailers and attaches.
Annex 3* to
NORMS
*Annex no.3 is reproduced in facsimile
______________________________________________________________________
| Insurance company(name, address, fiscal code, tel./fax) |
|______________________________________________________________________________|
| TPL policy series| | |
|______________________|______________________| |
| TPL policy number | |
|____________________ |_____________________| | |
|_____________________________________________|_____________________________|
| | Insured | | Driver |
|______|_______________|______________________|____________|___________________|
| DATE:| Address | |
Address | |
|______|_______________|______________________|____________|___________________|
Tax code/Personal Tax
code/
| | code number Personal
code | | number
| _____________________________________|______________________________|
| | Autovehicle | |
| |______________________________________| |
| | |category| | |
| | |_________|____________| |
| | |mark | | |
| | |_________|____________| |
| | |type | | |
| |_______________|_________|____________| |
Cilindric | | |_ capacity________________________|____________| |
| | Number of
| places_________________________|____________| |
| | Total authorised| |
| |_ maximum mass________________________|____________| |
| | Number of registration| |
| |_________________________|____________| |
| | Chassis series | | |
| |_________________________|____________| |
| | Validity of
insurance | |
| |_________________________|____________| |
| | Power of motor kW | | |
| |_________________________|____________| |
| | Year of manufacture | | |
|______|_________________________|____________|________________________
Information regarding accidents occurred Information
regarding the
________| driver
at fault
_____________________________________________|________________________
1.Date of
accident 1.Persomal
numeric code
2.Notice date 2.Age
3.Indemnity paid 3.Male/Female
4.Payment date 4.Driving
experience
_______________________________________________________________________
ANNEX 4*)
To Norms
*) Annex no. 4 is reproduced în facsimil.
|
Company ..................................
Head office address: ......................................
Fiscal code: ..................................
Phone./fax no.(Head office): ....................
|
Nr.crt.
|
Offices address
|
Personnel
specialized in finding and loss ascertaining
|
Working structure
for indemnity payment
|
| |
Phone number
|
Name, surname,
position, profession
|
(branch/agency
|
| |
(branch,
agency
|
(branch,
agency
|
|
| |
|
|
|
|
1
|
Alba
|
|
|
|
2.
|
Arad
|
|
|
|
3.
|
Arges
|
|
|
|
4.
|
Bacau
|
|
|
|
5.
|
Bihor
|
|
|
|
6.
|
Bistrita
Nasaud
|
|
|
|
7.
|
Botosani
|
|
|
|
8.
|
Brasov
|
|
|
|
9.
|
Braila
|
|
|
|
10.
|
Bucuresti
|
|
|
|
11.
|
Buzau
|
|
|
|
12.
|
Caras-Severin
|
|
|
|
13.
|
Cluj
|
|
|
|
14.
|
Calarasi
|
|
|
|
15.
|
Constanta
|
|
|
|
16.
|
Covasna
|
|
|
|
17.
|
Dambovita
|
|
|
|
18.
|
Dolj
|
|
|
|
19.
|
Galati
|
|
|
|
20.
|
Giurgiu
|
|
|
|
21.
|
Gorj
|
|
|
|
22.
|
Harghita
|
|
|
|
23.
|
Hunedoara
|
|
|
|
24.
|
Ialomita
|
|
|
|
25.
|
Iasi
|
|
|
|
26.
|
Ilfov
|
|
|
|
27.
|
Maramures
|
|
|
|
28.
|
Mehedinti
|
|
|
|
29.
|
Mures
|
|
|
|
30.
|
Neamt
|
|
|
|
31.
|
Olt
|
|
|
|
32.
|
Prahova
|
|
|
|
33.
|
Satu Mare
|
|
|
|
34.
|
Salaj
|
|
|
|
35.
|
Sibiu
|
|
|
|
36.
|
Suceava
|
|
|
|
37.
|
Teleorman
|
|
|
|
38.
|
Timis
|
|
|
|
39.
|
Tulcea
|
|
|
|
40.
|
Vaslui
|
|
|
|
42.
|
Valcea
|
|
|
|
43.
|
Vrancea
|
|
|
Date:
........................ Signature
President/General
Director
ANNEX No. 5
to Norms
DECLARATION
The Undersigned ...........................in my capacity as a president/
general director general and a legal representative of the Commercial Coimpany
......................., having the head office in ..........................,
romanian legal persons , registered with the Registre of Commerce ...................
under the number. ................., Unic registration code .................,
authorized in conformity with the Law no. 32/2000 regarding the insurance
companies and the supervisdion of insurance with the subsequent changes , on .......................,
require authorization to sell compulsory third party laibility motor insurance in
2003 and, consequently , I declar the following on my own responsibility:
- The company and its management undertake to exactly observe
the provisions of the Norms refering to the fulfilment of law in the filed of
compulsory third party liability motor insurance and the authorisation
of insurers who will sell such insurance in 2003, enacted by the Order of the
President of Insurance Supervising Insurance no. 9/2002, published in the
Official Gazette of Romania, Part I, nr. ........ din .................... .
- For each unit (branch, agency)the company has its own personnel
experienced in finding, ascertaining and the settlement of motor losses and effects
payments of indemnities at least at one of the territorial units of every
county.
- The insurance company has adequate elctronic system and soft
in conformity with the documentation filed in the authorisation file, observing
the provisions of the articles 13 lit. h) of the above norms .
- In the case all those above declared will not be observed
the insurance company and its management accept the sanctions sccording
to the legislation in forece.
Date .......... Signature
..................
ANNEX 6 a)*)
to Norms
*) Annex no. 6 a) este reproduced in facsimil.
INDIVIDUALS
A. Premiums collected cumulated from the beginning of the underwriting
year…………….
B. –
thousands of lei-
|
No
B1)
|
No.of policies
cumulated from the beginning of the financial year of
report
B(2)
|
Volume of
collected premiums cummulated from the beginning of the financial
year of report
(B(3)
|
Number of policieis
valid until 31.12.2004 cumulated from the beginning of the financial
year(B(4)
|
Volume of
premiums collected for the contracts valind until 31.12.2004(B5)
|
Number of
contracts valind until 31.5.2004(B6)
|
Volume of
premiums collected for the contracts valind until 31.6.2004(B7)
|
No.of policies
valid for one month cumulated from the beginning of the financial
year of reportB(7)
|
Vol.of premiums
collected for the policies valid for one month cumulated from
the beginning of financial year
|
| 1a) |
|
|
|
|
|
|
|
|
| 1b) |
|
|
|
|
|
|
|
|
| 1c) |
|
|
|
|
|
|
|
|
| 1d) |
|
|
|
|
|
|
|
|
| 1e) |
|
|
|
|
|
|
|
|
| 1f) |
|
|
|
|
|
|
|
|
| 2a) |
|
|
|
|
|
|
|
|
| 2b) |
|
|
|
|
|
|
|
|
| 2c) |
|
|
|
|
|
|
|
|
| 3 |
|
|
|
|
|
|
|
|
| 4a) |
|
|
|
|
|
|
|
|
| 4b) |
|
|
|
|
|
|
|
|
| 5a) |
|
|
|
|
|
|
|
|
| 5b) |
|
|
|
|
|
|
|
|
| 5c) |
|
|
|
|
|
|
|
|
| 5d) |
|
|
|
|
|
|
|
|
| 5e) |
|
|
|
|
|
|
|
|
| II.1 |
|
|
|
|
|
|
|
|
| II.2 |
|
|
|
|
|
|
|
|
| II.3 |
|
|
|
|
|
|
|
|
| TOTAL |
|
|
|
|
|
|
|
|
ANNEX
6 b)*)
to Norms
*) Annexa nr. 6 b) is reproduced in facsimil.
LEGAL
PERSONS
A. Premiums collected, cummulated from the beginning of the financial
year of report
_______________________________________________________________________
|
No
B1)
|
No. of policies
cumulated from the beginning of the u/w year
(B2)
|
Volume of
collected premiums cumulated from the beginning of the u/w
year
(B3)
|
Number of
policies valid until 31.12.2004 cumulated from the beginning
of the u/w year(B4)
|
Volume of
premiums collected for the contracts valid until 31.12.2004(B5)
|
Number of
policies valid until 31.5.2004(B6)
|
Volume of
premiums collected for the contracts valid until 31.6.2004(B7)
|
| 1a) |
|
|
|
|
|
|
| 1b) |
|
|
|
|
|
|
| 1c) |
|
|
|
|
|
|
| 1d) |
|
|
|
|
|
|
| 1e) |
|
|
|
|
|
|
| 1f) |
|
|
|
|
|
|
| 2a) |
|
|
|
|
|
|
| 2b) |
|
|
|
|
|
|
| 2c) |
|
|
|
|
|
|
| 3 |
|
|
|
|
|
|
| 4a) |
|
|
|
|
|
|
| 4b) |
|
|
|
|
|
|
| 5a) |
|
|
|
|
|
|
| 5b) |
|
|
|
|
|
|
| 5c) |
|
|
|
|
|
|
| 5d) |
|
|
|
|
|
|
| 5e) |
|
|
|
|
|
|
| II.1 |
|
|
|
|
|
|
| II.2 |
|
|
|
|
|
|
| II.3 |
|
|
|
|
|
|
| TOTAL |
|
|
|
|
|
|
:
Annex 7*
The anex 7 is reproduced in facsimile
The insurance company:
Month of report
Statement of the notified losses, indemnities paid, unsettled Month_____
|
Crt
no
|
Company’s
legal form
|
Number of notified
losses cummulated from the beginning of financial year of report
|
Indemnities
paid cummulated until end of financial year
Thousands lei
|
Number of
outstanding damages cummulated from the beginning of the u/w
year
|
Reserve afferent
to unsettled losses cummulated from the beginning of the u/w
year(B13)
|
| |
|
Afferent
to previous financial years
|
Afferent
to current financial years
|
Afferent
to previous financial years
|
Afferent
to current financial years
|
Aff to
Pol
Issued
In the
Foll
Years
|
Afferent
to policies
Issued
In the foll
Years
|
|
| |
|
|
|
2001
2002
2003
2004
|
|
| |
|
|
|
|
|
| |
|
|
|
|
|
| |
|
|
|
|
|
| |
|
|
|
|
|
|
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