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Damage caused by drunk driving will not be covered by insurance

20/01/2021


On January 15th, 2021, the Government issued Decree No. 03/2021/ND-CP dated January 15, 2021 on compulsory insurance for civil liability of motor vehicle owners

Specifically, Article 13 of the Decree provides as follows:

Insurance enterprises does not compensate in the following cases:

1. Damage done intentionally by motor vehicle users, motor vehicle operators or victims of the accidents.

2. Vehicle operators intentionally fleeing the scene after committing accidents without exercising civil responsibilities of motor vehicle users.

3. Operators who are not within adequate age range to operate motor vehicles as per road traffic laws; operators who do not carry legitimate, proper driving license (driving license with template number at the back inconsistent with the latest template number in information system for managing driving license) issued by competent authorities at the time of accidents or carry inappropriate driving license when operating motor vehicles which require specific driving license.  In case driving license of operators are revoked or suspended, the operators are considered to be not carrying driving license.

4. Damage that causes indirect consequences including: reduced commercial value, damage related to use and utilization of damaged assets.

5. Damage to assets caused by operators who have alcohol in breath or blood, or use narcotics or other prohibited stimulants as per the law.

6. Damage to assets which are lost or stolen as a result of the accidents.

7. Damage to special assets including: gold, silver, precious stones, financial instruments   

8. War, acts of terrorism, earthquake.

Thus, Decree No. 03/2021/ND-CP has added a case which insurance enterprises does not compensate for damage from March 1st, 2021: Damage to property caused by a driver operating a vehicle with alcohol in the blood or breath, using drugs and stimulants prohibited by law.

Decree No. 03/2021/ND-CP takes effect from March 1st, 2021.