CMTPL: new rules for the protection of victims' rights

The Supreme Council adopted the legislative initiative of the PMR Prosecutor on amendments to the law "On Compulsory Insurance of Civil liability of vehicle owners" in the second final reading, taking into account the amendments of the relevant committee. The purpose of the law-in-draft was to oblige the insurer to inform the injured person in writing about the refusal to make insurance payments within 5 working days.

The Prosecutor's Office of the Pridnestrovian Moldavian Republic has repeatedly received appeals from citizens regarding the legality of actions or inaction of insurance companies, the results of which revealed that in case of refusal to provide insurance compensation, due to the non-occurrence of an insured event or for other reasons, the insurance company does not notify the injured person of the decision in writing. A written response to the applicant is currently given only in case of his repeated appeal to the insurance company within the framework of the Law of the Pridnestrovian Moldavian Republic "On appeals from citizens and legal entities, as well as public associations".

The Prosecutor of the Pridnestrovian Moldavian Republic emphasized that such cases arise due to the fact that there are no provisions in the Law of the Pridnestrovian Moldavian Republic "On Compulsory Insurance of Civil Liability of vehicle Owners" that directly oblige the insurer to inform the injured person in writing about the refusal of insurance payment due to the non-occurrence of an insured event.

This circumstance does not allow the injured party to ensure timely protection of its violated right, as well as to challenge the decision taken by the insurer to the insurance supervisory authority or to the court.

The Committee on Agriculture, Industry, Transport, Construction and Natural Resources has prepared a number of amendments to the submitted law-in-draft. They provide for a more precise regulation of the obligations and rights of the insurer and the injured person, ensuring a clear definition of the timing of the insurer's inspection of damaged property or its remnants or the organization of their independent technical expertise, independent expertise (assessment), as well as the timing of insurance payments or the issuance of a referral to the victim for repair or a reasoned refusal of insurance compensation. The adopted amendments also clarify the list of documents necessary for the formation of a damage case in order to establish and resolve an insured event.

The adopted amendments to the law "On compulsory insurance of civil liability of vehicle owners" are designed to ensure a balance of interests of the parties, eliminate the possibility of unfair behavior of the parties and thereby increase the efficiency of the system of compulsory insurance of civil liability of vehicle owners, the relevant parliamentary committee notes.

The norms of the adopted law will come into force on the 1st of July, 2024.