Source:
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Protection for Motor Vehicle Accident Victims Act
B.E. 2535 (1992)
BHUMIBOL ADULYADEJ. REC.,
Given on the 2nd day of April B.E. 2535 (1992)
Being the 47th year of the Present Reign
By Royal command of His Majesty King Bhumibol Adulyadej, it is hereby proclaimed that: Whereas it is expedient to promulgate the law on the protection for motor vehicle accident victims. Be it, therefore enacted by His Majesty the King, by and with the advice and consent of the National Legislative Assembly, as follows:
Section 1
This Act shall be called the "Protection for Motor Vehicle Accident Victims Act B.E. 2535 (1992)"
Section 2
This Act shall come into force as from the one hundred and eighty days following the date of its publication in the government Gazette.
Section 3
All laws, rules and other regulations prescribed in this Act or which are contrary to or contradictory to the provisions hereof shall be superseded by this Act.
Section 4
In this Act "Motor vehicle" means a vehicle under the law on automobiles, a vehicle under the law on land transportation and a military automobile under the law on military automobiles.
"Motor vehicle Owner" means a person who has ownership in the motor vehicle or has a vehicle in his possession under a hire-purchase contract and includes a person who brings a motor vehicle registered abroad to be used in the Kingdom temporarily.
"Victim" means a person sustaining the life, body or health injury caused by a motor vehicle used or being on the road or caused by objects carried or installed on said motor vehicle and also includes a statutory heirs of the said victim who is dead.
"Injury" means an injury to life, body or health caused by the motor vehicle.
"Person in the Motor Vehicle" means a person who is in or on any part of a motor vehicle and includes a person who is getting on or alighting from the motor vehicle.
"Company" means a Company under the law on non-life insurance which has been granted a license to undertake the insurance on motor vehicle.
"Preliminary Compensation" in the case of injury to the body, means medical treatment and necessary expenses relating to the medical treatment of a victim and, in the case of death, means funeral expenses and expenses necessary relating to the funeral arrangement of the victim provided that the amount of the compensation shall be in accordance with those prescribed in the ministerial regulation issued under paragraph 2 of Section 20.
"Sign" means a sign showing that there is an insurance coverage against injury for the victim under this Act.
"Insurance Commissioner" means the director General of the Department of Insurance or the person assigned by the Director General of the Department of Insurance by publication in the Government Gazette.
"Fund" means the Victim compensation Fund.
"Minister" means the Minister who takes charge of this Act.
Section 5
The Minister of Commerce shall be in charge of the enforcement of this Act and shall have power to issue the ministerial regulations for the purpose of enforcement of this Act.
Such ministerial regulations upon publication in the Government Gazette shall come into force.
Issuance of the ministerial regulations prescribing the sum insured for an injury under Section 7 and the amount of the preliminary compensation under Section 20 shall be done accordingly to the advice of the Committee on the Protection for Motor Vehicle Accident Victims under Section 6.
Section 6
There shall be a Committee on the Protection for Motor Vehicle Accident Victims comprising the Permanent Secretary of the Ministry of Commerce as a chairperson, a representative from the Ministry of Finance, the Ministry of Communications, the Bank of Thailand, the General Insurance Association as director and two other directors appointed by the Cabinet from the qualified persons who are lecturers in a state university and two directors nominated by the Consumer Protection Committee under the law on consumer protection and a representative from the Department of Insurance who shall be its secretary.
The directors appointed by the Cabinet shall serve a two yearfs term of office.
Apart from the termination of office a director appointed by the Cabinet vacates his office upon:
(1) death;
(2) resignation;
(3) being dismissed;
(4) bankruptcy;
(5) being incompetent or quasi-incompetent;
(6) being sentenced to imprisonment by final judgment except penalty for on offence committed by negligence or a petty offenses.
In the meeting of the Committee, attendances of at least one half of the total membership shall form a quorum. Resolutions of the meeting shall be passed by the majority vote.
Chapter 1: Insurance Against Injuries
Section 7
Subject to Section 8, a motor vehicle owner who uses or having a motor vehicle for use has to provide for an insurance against injuries for a victim with a company.
The sum insured shall be prescribed in accordance with category, type, and size of a motor vehicle but not less than the sum insured prescribed by the ministerial regulations.
Section 8
The following motor vehicle shall not be required to have an insurance against injuries under Section 7.
(1) motor vehicles for their majesties the King, the Queen, the Heir-apparent only and motor vehicles for the Regent;
(2) motor vehicles of the Bureau of the Royal Household which have been registered and have had the symbol under the regulation prescribed by the Lord Chamberlain;
(3) motor vehicles of the ministry, office, governmental department, municipality, the provincial administrative organization, sanitary district, the Bangkok Metropolitan Administration, Pattaya City, and the local administrations as otherwise named and the military Automobiles under the law on military automobiles.
(4) other motor vehicles as prescribed in the ministerial regulations
Section 9
A motor vehicle owner whose motor vehicle is registered abroad and temporarily brought into the Kingdom for using and who has no domicile or residence in the Kingdom shall arrange for the insurance in accordance with the sum insured, rules, procedures, and conditions as prescribed in the ministerial regulation.
Section 10
A company shall undertake the insurance under Section 7 or Section 9 as the case may be in accordance with rules and procedures as prescribed in the ministerial regulation.
Section 11
Subject to the provision of Section 8, no person shall use a motor vehicle which is not arranged for the insurance in accordance with Section 7 or Section 9.
Section 12
The Insurance commissioner shall provide a sign to be sent to the company for delivering to the motor vehicle owner who has arranged for the insurance with the company in accordance with Section 7 or Section 9.
The motor vehicle owners shall adhere the sign to the motor vehicle.
The form of the sign and procedure for adherence of the sign shall be as prescribed in the ministerial regulation.
Section 13
In the case where the company or the motor vehicle owner terminates the insurance policy prior to the maturity date for whatsoever reason, the company shall notify the Insurance Commissioner of such termination and the motor vehicle owner shall return the sign under Section 12 to the Insurance Commissioner and shall cause that sign to be no longer usable.
Notification of termination and return of sign or causing that sign to be no longer usable shall be in accordance with the rules and procedures as prescribed in the ministerial regulation.
Section 14
Insurance under Section 7 and Section 9 shall contain the provision of payment of the preliminary compensation under this Act.
Section 15
Insurance policies or related documents or endorsements which contain the statement thereon prescribing liabilities of a company different from those prescribed in the provisions of this Act, the company may not rise any defence against the victim for refusing the liability for payment of the preliminary compensation.
Section 16
A company may not hold the invalidity or default of the conditions of the insurance policy between the company and the motor vehicle owner or the facts that notification of termination of the insurance policy has been given to the motor vehicle owner against the victim for refusing the liability for payment of the preliminary compensation except that the company has notified the motor vehicle owner and the Insurance Commissioner of the termination of the insurance policy in advance.
Termination of the insurance policy shall become effective on the day after the expiration of a period of thirty (30) days from the date which the company has notified the insured in writing ot the termination of the insurance policy to his last known address by the registered mail.
Section 17
A company may not hold the insuredfs dishonesty or gross negligence against the victim for refusing the payment of the preliminary compensation.
Section 18
In the case where a motor vehicle of the motor vehicle owner who has had the insurance with the company is transferred to another person by virtue of the law on succession or by the provisions of other laws, the person who acquires the said vehicle shall be deemed as an insured under the said insurance policy and the company shall be continuously liable under the said insurance policy until the expiration of the remaining term thereof.
Section 19
To register the motor vehicle under the law on automobile and the law on land transportation, the Registrar under the said laws shall examine whether the arrangement for the insurance is made under Section 7 before accepting the registration.
Chapter 2: Preliminary Compensation
Section 20
When there is injury to a victim caused by a motor vehicle insured with the company, the company shall pay the preliminary compensation to the victim upon receipt of an application from the victim.
The amount of the preliminary compensation, the application for and payment of the preliminary compensation to the victim under the first paragraph shall be in accordance with rules, procedures and rates as prescribed in the ministerial regulation.
Section 21
In the case where the company fails to pay the preliminary compensation under Section 20 to victim or not pay the preliminary compensation to the victim in full as required to pay, the victim shall notify the Office of the Victim Compensation Fund that the preliminary compensation has not yet been received or not received in full from the company in accordance with the procedures as prescribed in the ministerial regulation.
Section 22
Receiving of the preliminary compensation under Section 20 shall not prejudice the victimfs right for claiming a further compensation under the Civil and Commercial Code.
Section 23
In the following case, the payment of the preliminary compensation from the fund shall be made to the victim.
(1) the motor vehicle owner causing the injury fails to arrange for the
insurance under Section 7 or Section 9 and refuses to pay the preliminary compensation to the injured person or not pays the preliminary compensation in full;
(2) while the accident happens, the motor vehicle causing the injury is not in the possession of the motor vehicle owner because that vehicle is misappropriated, fraudulent, extorted, stolen, blackmailed, robbed or gangrobbed and the motor vehicle owner has filed a complaint with the inquiry official;
(3) no person shows up himself as the motor vehicle owner causing the injury and such vehicle has no insurance with the company;
(4) there is an in jury caused by a motor vehicle to the victim but which motor vehicle causes such injury is not know;
(5) the company fails to pay the preliminary compensation under Section 20 to the victim or not pays the preliminary compensation to the victim in full or
(6) the injury to the victim is caused by the motor vehicle under Section 8.
Section 24
In the case where two motor vehicles or more have caused the injury to the victim in the motor vehicle, the company which undertakes the insurance on each motor vehicle shall pay the preliminary compensation to the victim in the motor vehicle insured by the company.
In the case of first paragraph, but where the victim in not a person in the motor vehicle, the said company shall jointly pay the preliminary compensation to all victim by averaging out in the equal proportion
For the event under Section 23, Office of the Victim compensation fund shall pay or jointly pay the preliminary compensation Fund to the victim as mentioned in the first and second paragraph as the case may be.
Section 25
The company or the Office of the Victim Compensation fund shall completely pay the preliminary compensation under Section 20, Section 23 or Section 24 to the victim within seven (7) days from the date of receipt of the application without waiting for a proof of the liability.
The preliminary compensation shall be deemed a part of the compensation under the Civil and Commercial Code.
Section 26
In the case where the motor vehicle owner or company fails to pay the preliminary compensation to victim or not pays the preliminary compensation to the victim in full under Section 23 (1) or Section 23 95) as the case may be, if the Office of the Victim Compensation Fund has paid the preliminary compensation to the victim under Section 25, the Insurance Commissioner shall issue an order to collect the amount of the sum paid from the motor vehicle owner or the company as the case may be and the motor vehicle owner or the company shall pay surcharge at the rate of twenty (20) percent on the amount of the preliminary compensation paid from the fund to be sent to the fund in addition.
The motor vehicle owner or the company shall pay the preliminary compensation to the fund together with the surcharge in accordance with the first paragraph under the Insurance Commissionerfs order within seven (7) days from the date of receipt of the order.
Section 27
The victim shall submit an application fro the preliminary compensation under this Act within one hundred and eighty (180) days from the date which the injury happens.
Section 28
In the case of Section 23 (1) and (3), the Insurance Commissioner shall seize a motor vehicle causing the injury if it has not yet been seized under the other laws until the motor vehicle owner pays the preliminary compensation to the victim in full or pay the preliminary compensation to the fund within seven (7) day from the date of receipt of the order of the Insurance Commissioner and if the motor vehicle has already been seized under the other laws, the Department of Insurance shall have the right to participate in the said property if there is a sale by auction.
Section 29
The happening of the following cases, the Insurance Commissioner shall have the power to arrange for the sale of the vehicle seized under Section 28 by auction:
(1) In the case where the motor vehicle owner under Section 23 (1) fails to repay the preliminary compensation paid from the fund for him to the fund within seven (7) days from the date of receipt of the order of the Insurance Commissioner
(2) In the case where there is no person showing up as the motor vehicle owner causing the injury and the Insurance Commissioner has give the notice to find the motor vehicle owner in the notification posted at the Insurance Commissionerfs office which seizes the vehicle causing the injury. The notification shall be published in the local daily newspaper at least for two consecutive days. If the motor vehicle owner fails to show up to the Insurance Commissioner which seizes the said vehicle within a period of thirty (30) days from the first day which the notification is published in the newspaper.
Section 30
The Civil Procedure Code shall be mutatis mutandis apply to the procedure for seizure of the vehicle in accordance with Section 28 and the sale of the vehicle by auction in accordance with Section 29.
The proceed from the sale of the vehicle by auction under Section 29, after deduction of expenses incurred from the seizure and sale by auction and payment of the preliminary compensation to be paid to the victim or repayment to be made to the fund as the case may be, shall be returned to the motor vehicle owner, In the case where there is no person showing up as the motor vehicle owner causing the injury, the remainder shall be kept with the Department of Insurance in accordance with the regulation as prescribed by the Minister in the notification published in the Government Gazette and if the motor vehicle owner is not called for a return of the said sum within five (5) years from the date of sale by auction, that sum shall devolve on the fund.
Section 31
In the case where the injury is caused by the act of the third party or gross negligence of the motor vehicle owner, driver or persons in the vehicle or act of the victim. If the company or the Office of the Victim Compensation Fund has paid the preliminary compensation to the victim in any amount, the company or the Office of the victim Compensation Fund shall have the right to take recourse from the said person or shall have the right to ask the victim to return the preliminary compensation.
The exercise of the right under the first paragraph shall be made within one (1) year from the date of payment of the preliminary compensation to the victim or within five (5) years from the date which the person who is liable thereto becomes known.
Section 32
In the case where the Insurance Commissioner has paid the preliminary compensation to the victim for the injury caused by the motor vehicle under Section 8, an entity which is the motor vehicle owner causing the injury shall send money in the amount equal to the sum paid from the fund in accordance with the rules and procedures as prescribed by the Ministry of Finance.
Chapter 3: Victim Compensation Fund
Section 33
A fund shall be established to be called "Victim Compensation fund" having the purposes of being the fund for payment of the preliminary compensation to the victim when there is any event under Section 23 and being the expenditures in the execution of this Act.
The fund shall consist of:
(1) an Initial fund allocated by the Government
(2) a supplementary amount paid by the company under the rules prescribed in Section 36
(3) subsidy allocated from the annual expenditure budget of the Government;
(4) money or asset received under Section 28, Section 30, Section 31 or Section 32;
(5) money and asset given by people;
(6) interest of the Fund;
(7) proceeds from the sale of the property acquired in accordance with (4) and (5);
(8) Other incomes.
The said money and assets shall be devoted to the Department of Insurance to be used for the purpose of the execution of the fund without sending to the Ministry of Finance as the revenue.
Section 34
The Office of the victim compensation Fund shall be established in the Department of Insurance for the execution of the fund.
Withdrawal, keeping and management of the fund shall be in accordance with the regulation as prescribed by the Minister with an approval of the Ministry of Finance.
Section 35
If the case under Section 23 happens and the victim may not be able to receive the preliminary compensation from the motor vehicle owner causing the injury or the company, the Office of the Victim compensation Fund may pay the preliminary compensation to the victim from the fund upon the victim produces a daily report of the inquiry official together with the application.
The application for and payment of the preliminary compensation from the fund shall be in accordance with the rules, procedures and conditions as prescribed in the ministerial regulation.
Section 36
A company shall make a contribution into the Fund annually at the rate of not more than 2 percent of premiums received from the insured annually. The contribution paid by the company shall be deemed as deductible expenses in computing the income tax under the Revenue Code.
The collection and payment of the contribution from the company shall be in accordance with the rules and procedures as prescribed in the ministerial regulation.
Chapter 4: Penalty Provisions
Section 37
Any motor vehicle owner fails to comply with the provisions of Section 7 or Section 9 shall be liable to a fine from Baht Ten Thousand (10,000) up to Baht Fifty Thousand (50,000)
Section 38
Any company fails to comply with Section 10 shall be liable to a fine from Baht One Hundred thousand (100,000) up to Baht five Hundred Thousand (500,000)
Section 39
Whoever violates Section 11 shall be liable to a fine from Baht Ten Thousand (10,000) up to Baht Fifty Thousand (50,000)
Section 40
Any motor vehicle owner fails to comply with the second paragraph of Section 12 or any company or motor vehicle owner fails to comply with Section 13 shall be liable to a fine not exceeding Baht two thousand (2,000).
Section 41
Whoever forges the sign shall be liable to an imprisonment from six (6) months up to five (5) years and a fine from Baht Ten Thousand (10,000) up to Baht One Hundred Thousand (100,000).
Section 42
Whoever adheres to or shows the sign begotten from committing of the offence according to Section 41 on any motor vehicle shall be liable to the punishment like those of committing of the offence according to Section 41.
If any offender under the first paragraph is the offender under Section 41, he shall be punished for this offence under this section only.
Section 43
Any motor vehicle owner adheres to or shows the sign which is required to return to the Insurance Commissioner under Section 13 shall be liable to a fine from Bath Five Thousand (5,000) up to baht Twenty Thousand (20,000).
Section 44
Any motor vehicle owner fails to comply with Section 20 or any motor vehicle owner or company fails to comply with Section 26 shall be liable to a fine from Baht ten Thousand (10,000) up to Baht fifty Thousand (50,000).
Section 45
Any victim dishonestly submits an application for a preliminary compensation under this Act or presents false evidence for receiving the preliminary compensation under this Act shall be liable to an imprisonment not exceeding one (1) year or a fine not exceeding Baht Twenty thousand (20,000) or both.
Section 46
The Insurance Commissioner shall have the power to settle the case being the offenses only with fine under this Act and upon payment of the fine as determined for the settlement within thirty (30) days. The case shall become settled under the Criminal Procedure Act.
Transitional Provisions
Section 47
The motor vehicle owner who makes use of a vehicle or have a vehicle for the use prior to the date of this Act coming into force shall completely arrange for the insurance for the victim under this Act within one hundred and eighty (180) days from the date of this Act coming into force and before the expiration of the said period, it shall not be deemed that the motor vehicle owner fails to comply with Section 7 or Section 9.
The provision of Section 23 (5) shall become effective to a vehicle which the owner of the vehicle has already arranged for the insurance under Section 7 or Section 9.
Subject to the second paragraph, the provision of Section 23 shall be of no effect until the expiration of a period of three hundred and sixty (360) days from the date of the coming into force of this Act.
Countersigned By Prime Minister
TRANSLATION
(For official purpose only Thai texts will be relevant)
THE PROTECTION FOR MOTOR VEHICLE ACCIDENT VICTIMS ACT (NO.2)
B.E. 2535 (1992)
BHUMIBOL ADULYADEJ. REX.,
Give on the 30th day of October B.E. 2535;
Being the 47th year of the Present Reign
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to amend the law on the protection for motor vehicle accident victims. Be it, therefore, enacted by His Majesty the King, by and with the advice and consent of the Parliament, as follows:
Section 1.
This Act shall be called "The Protection for Motor Vehicle Accident Victim Act (No.2) B.E. 2535 (1992).
Section 2.
This Act shall come into force on and from the day following the date of its publication in the Government Gazette.
Section 3.
Section 2 of the "Protection for Motor Vehicle Accident Victims Act B.E. 2535 (1992)" shall be repealed and replaced by the following: "Section 2. This Act shall come into force as from the three hundred and sixty days following the date of its publication in the Government Gazette."
Countersigned by Prime Minister Published in the Government Gazette Vol 109, Part 111, 4th November B.E. 2535 |