Nowadays, insurance policy is getting a lot of attention. We can buy insurance for ourselves, for friends, relatives even property. Soa bout the matter “Is a tree falling on a car insured in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Law on Insurance Business 2000 amended and supplemented 2010
- Decree No. 03/2021/ND-CP
- Circular 04/2021/TT-BTC
Regulations on ensuring safety in case trees are at risk of damage
According to the provisions of Article 177 of the Civil Code 2015, the safety assurance in case trees and works are at risk of causing damage are as follows:
In case trees or construction works are in danger of collapsing on adjacent and surrounding real estate, the property owner shall immediately take remedial measures, cut down trees, repair or dismantle the construction works. such construction at the request of the owner of adjacent and surrounding real estate or at the request of a competent state agency; if they do not voluntarily do so, the owner of adjacent and surrounding real estate has the right to request a competent state agency to cut down trees or demolish them. Expenses for tree cutting and demolition shall be borne by the owners of the trees and construction works.
– When digging wells, digging ponds or constructing underground works, the owner of the works must dig and build a distance away from landmarks as prescribed by the law on construction.
When constructing sanitary works, hazardous substance storage facilities and other works whose use is likely to cause environmental pollution, the owner of such property must build them at a distance from the landmarks and at a suitable location. management, must ensure hygiene, safety and not affect other real estate owners.
– In case of causing damage to owners of adjacent and surrounding real estate as prescribed in Clauses 1 and 2, Article 177 of the Civil Code 2015, the owners of trees and works must compensate.
Principles of participating in compulsory civil liability insurance
According to Article 4 of Decree No. 03/2021/ND-CP stipulating the principles of participation in compulsory insurance for civil liability as follows:
– Insurance enterprises and insurance buyers deploy compulsory insurance for civil liability of motor vehicle owners according to the conditions, premium rates and insurance liability levels specified in compulsory civil liability;
– For each motor vehicle, the liability to indemnify the civil liability of the motor vehicle owner only arises under a single insurance contract.
– In addition to participating in compulsory insurance contracts for civil liability of motor vehicle owners according to the conditions, premium rates and insurance liability levels specified in compulsory civil liability; Motor vehicle owners and insurers may agree in the insurance contract on the extension of insurance conditions, the level of additional insurance liability and the corresponding additional premium. In this case, the insurance enterprise is responsible for separating the compulsory insurance for civil liability of the motor vehicle owner in the Certificate of Insurance.
Is a tree falling on a car insured in Vietnam?
According to Article 604 of the 2015 Civil Code, compensation for damage caused by trees is as follows: Owners, possessors and persons assigned to manage them must compensate for damage caused by trees. Which in the case of trees on the road because they fell into your car; The subject of compensation here will be the state. However, it is very difficult to get the State to compensate for the above reason. It is very difficult to recover the repair money due to damage caused by force majeure events, which are exempt from compensation for non-contractual damages. So the best way is to ask the insurance company that you join to indemnify you.
Each insurance company will have different rules about how much coverage should be paid if a tree falls on your car.
For example: At Bao Viet insurance company, if you want to be insured for money when you are crushed by trees, you must participate in auto insurance (if you only participate in Civil Liability Insurance of car owners when The car will not be compensated if a tree falls on the car.)
- Coverage:
Covering the liability to indemnify the insured for material damage caused by natural disasters; Unforeseen unexpected accidents in the following cases:
+ Crash; Flip; to pour; center of gravity; sank; entire vehicle falls; being touched by other objects from outside falling in phase;
+ Fire; Explosion;
+ Force majeure accidents caused by natural disasters;
+ Loss of the entire vehicle due to theft;
In addition to the amount of indemnity, Baoviet also pays the Insured with details necessary and reasonable to perform the work as required and instructed by Baoviet. When damage occurs, the insurance coverage includes: cost:
+ The cost of preventing and limiting additional damage;
+ The cost of rescuing and transporting the damaged vehicle to the nearest repair place should not exceed 10% of the insured amount of that vehicle;
Baoviet is not responsible for compensation for damages caused by causes other than the listed cases.
- Damage assessment:
When an accident occurs, Baoviet or the person authorized by Baoviet to carry out the assessment of property damage in the presence of the insured; vehicle operator; related parties or their legal representatives to determine the cause and extent of damage. The assessment results must be made in writing with the signatures of the concerned parties. Bao Viet is responsible for the cost of damage assessment.
+ In case the parties do not agree on the cause and extent of damage, they may agree to choose an independent assessment agency, unless otherwise agreed in the insurance contract. In case the parties cannot agree on soliciting an independent expert, one of the parties may request the Court of the place where the damage occurred or the place of residence of the insured person to appoint an independent expert. Independent assessment is mandatory for the parties.
+ In case the independent assessment’s conclusion is different from that of Baoviet; Baoviet must pay the cost of independent assessment. Where the conclusion of the independent assessment coincides with the assessment conclusion of Baoviet; the insured; the vehicle operator must pay the cost of independent assessment.
+ In special cases, Baoviet is unable to carry out the assessment. Baoviet is responsible for guiding the Insured; The vehicle operator collects full details of the cause; developments; extent of damage; the same evidence; photos of damage and related documents as the basis for determining compensation.
- Compensation documents:
For each specific case, the compensation file includes one of the following documents:
Documents provided by the policyholder and the insured:
– Accident notification and claim (according to Baoviet’s form)
– Vehicle-related documents; operator (copy certified by a competent authority certified by Baoviet staff after comparing with the original) as follows:
+ Certificate of actual insurance/insurance policy and other written agreements (if any);
+ Vehicle registration certificate (can use a valid copy of the bank, credit institutions), valid driver’s license of the vehicle driver for damage
+ Documents related to the purchase and sale; transfer; donation; authorization to use the vehicle (if any);
+ Valid inspection certificate (except for temporary storage of goods with written approval of a competent authority or operation during the first inspection registration procedure in Vietnam)
Documents proving property damage, including:
– Valid proof of repair; replace damaged property;
Documents proving necessary and reasonable expenses paid by the Insured to minimize the damage or to comply with Baoviet’s instructions.
- Compensation level:
Parts damage compensation:
Baoviet is responsible for paying actual and reasonable expenses for repair; replace parts (in case of failure to repair, ensure technical safety when operating according to manufacturers standards) or pay in cash to the insured on the basis of determining reasonable costs for repair; recover damage under the insurance responsibility after applying the deductible deduction (if any).
In case Baoviet guarantees to pay for car repair costs, the insured does not receive compensation directly from Baoviet; Bao Viet will pay directly to the repair party.
How to determine the amount of compensation
In case of insured vehicle under insured value, the amount of compensation will be calculated according to the ratio between the insured amount and the market value of the vehicle at the time of entering into the insurance policy.
Where the vehicle is insured for its value, the amount of compensation is equal to the reasonable cost of restoration; Repair damaged vehicles. The way to determine the reasonable cost for the damaged part that must be replaced is calculated by the actual replacement cost (minus the amount of depreciation in case there is an agreement of supplementary insurance to compensate for not apply replacement depreciation). As follows:
+ Vehicles used under 3 years: 0% depreciation.
+ Vehicles used from 3 years to less than 6 years: Depreciate 15% of the full value of the new replacement parts.
+ Vehicles used from 6 years to less than 10 years: Depreciate 25% of the value of new replacement parts;
+ Vehicles used from 10 years to less than 15 years: Depreciate 35% of the value of new replacement parts;
+ Vehicles used for 15 years or more: Depreciate 50% of the value of new replacement parts.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Is a tree falling on a car insured in Vietnam?”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Is a tree falling on a car insured in Vietnam?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
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Frequently asked questions
According to Clause 2, Article 584 of the Civil Code:
Due to legitimate defense;
Due to force majeure events;
Entirely the fault of the aggrieved party;
The parties have another agreement.
First of all, it is necessary to talk about the rights of the plant owner. Clause 2, Article 175 of the 2015 Civil Code stipulates: Land users are allowed to use space and the ground vertically from the boundary of the land parcel in accordance with the provisions of law and must not affect the use someone else’s land.
Therefore, the planting of trees in their own land must ensure compliance with regulations and do not affect the land use of adjacent people.
According to Article 604 of the 2015 Civil Code, the owner, the possessor and the person assigned to manage it must compensate for damage caused by the trees.
In case the tree’s fruit falls completely due to the fault of the tree owner, the tree owner must compensate the vehicle owner for damage according to Clause 3, Article 584 and Article 604 of the Civil Code 2015.
In case of force majeure or entirely due to the fault of the vehicle owner, the tree owner is not responsible for compensation under Clause 2, Article 584 of the Civil Code 2015.
Thereby, the role of managing the trees and stopping the parking of the subjects needs to be focused, thereby avoiding unfortunate disputes that must occur.
According to some information, the driver of the ferrari 488 is a vehicle maintenance worker. Therefore, we assume two cases as follows:
Case 1: This employee arbitrarily took the car out to run, causing an accident
According to the provisions of Clause 1, Article 584 of the 2015 Criminal Code, the grounds for arising liability to compensate for damage are as follows:
Those who commit acts of infringing upon the life, health, honor, dignity, reputation, property, rights and other lawful interests of others, and cause damage, must pay compensation, except for the case of this Code. , other relevant laws provide other provisions.
Accordingly, this person will be responsible for compensating for the costs related to the repair of the damaged vehicle.
Case 2: If this employee performs the assigned work and If the car maintenance shop is a legal entity, the compensation liability is as follows:
According to the provisions of Article 597 of the 2015 Civil Code, compensation for damage caused by persons of the legal entity is as follows:
“Article 597. Compensation for damage caused by persons of the legal entity
The legal person must compensate for damage caused by its person while performing the tasks assigned by the legal person; if the juridical person has already compensated for damage, it has the right to request the person at fault in causing the damage to refund an amount of money as prescribed by law.”
In addition, according to the provisions of Article 600 of the Civil Code 2015 stipulates:
“Article 600. Compensation for damage caused by employees or apprentices
Individuals and legal entities must compensate for damage caused by employees or apprentices while performing their assigned jobs and have the right to demand compensation from employees or apprentices who are at fault in causing damage. an amount prescribed by law.”
Thus, based on the provisions of legal entities, individuals must compensate for damage caused by their own people such as employees or apprentices while performing their assigned tasks and jobs and have the right to request the employees to do so. , the apprentice at fault in causing damage must refund a sum of money as prescribed by law.
According to the above case, if this maintenance employee runs the vehicle to test the engine for work and this vehicle is assigned by the workplace, the maintenance company will be responsible for compensation and may require the person causing the damage to pay a sum of money as prescribed by law.
The determination of damage will include: Damage caused by the property being infringed such as lost, destroyed or damaged, benefits associated with the use and exploitation of the property lost, reduced, etc. ; damage caused by infringing health such as reasonable expenses for treatment, fostering and restoration of health and lost or reduced functions of the aggrieved person, lost or reduced actual income of the aggrieved person; loss of life is infringed…
Conclusion: So the above is Is a tree falling on a car insured in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
