Source:
Royal & SunAlliance Insurance (Thailand) |
Compulsory Motor Insurance
(Translation into English is just for understanding. In case of dispute, it must be interpreted under original Thai texts:)
According to the coverage, condition and exclusion of this policy & endorsement(s), the Company provides the Insured the coverage as of following:)
No. 1 Definition in this policy or endorsement (s)
"Company" means the company that issues this policy.
"Insured" means the person who is named as the insured in the schedule.
"Road Victim" means the person(s) who is injured (bodily, sanitary) or lose his life caused by accident arising out while the motor vehicle is being used or on the road or caused by objects carried or installed on it during the insured period. The definition also include the legal heir of the road victim who lose his life.
"The Commissioner" means the Insurance Commissioner or the person the Insurance Commissioner delegate authority to by announcing in the Government Gazette.
"Schedule" means the schedule of this policy.
"Motor Vehicle" means the vehicle on Insurance with particulars stated in the Schedule.
"Sticker" means the sticker that shows that there is an insurance for the damage of the road victim.
"Each Accident" means an event or series of events arising from same one course.
No. 2 Coverage for the road victim
The Company shall pay compensation for loss of life, bodily injury or sanitary of the road victim on behalf of the Insured for his legal liability caused by accident arising out while the motor vehicle is being used or on the road or caused by objects carried or installed on it during the insured period as following: -
2.1 Road Victim
2.1.1 In case loss of life the Company will pay the maximum coverage amount of Baht 80,000 per person.
2.1.2 In case of bodily injury, sanitary, the Company will pay for actual damage but not exceeding maximum coverage of Baht 80,000 per person. The compensation in this Item 2.1.2 including the damage that the road victim could claim according to tort liability.
2.1.3 In case of bodily injury or sanitary and die after treatment, the Company shall compensate full amount according to No. 2.1.1 plus 2.1.2. and the maximum coverage is Baht 80,000 per person.
2.2 If the road victim is the insured or the insured's family, who is not the driver who is liable for the accident
2.2.1 In case loss of life the Company will pay the maximum coverage amount of Baht 80,000 per person.
2.2.2 In case of bodily injury, sanitary, the Company will pay for actual damage but not exceeding maximum coverage of Baht 80,000 per person. The compensation in this Item 2.1.2 including the damage that the road victim could claim according to tort liability.
2.2.3 In case of bodily injury or sanitary and die after treatment, the Company shall compensate full amount according to No. 2.1.1 plus 2.1.2. and the maximum coverage is Baht 80,000 per person.
2.3 In case of the road victim is the driver of the insured vehicle and is liable for the accident or no one has legal liability to the driver who is the victim, the Company will compensate not more than the initial compensation. The Company shall compensate all the above liability not exceeding maximum coverage per person and when add up not exceeding maximum coverage for each accident as stated in Item No. 4 of the Schedule.
No. 3 Initial Compensation
The Company shall pay for the initial compensation to the victim without prove for liability within 7 days after the claims arise and shall pay as following: -
3.1 In case of bodily injury, the Company shall pay for the medical expenses and necessary expenses in accordance with medical expenses the actual amount being paid by the road victim but not more than Baht 15,000 per person.
3.2 In case of loss of life, the Company shall pay for necessary expenses Baht 15,000 per person.
3.3 The amount of 3.1 add up with 3.2 for the road victim who die after medical treatment.
3.4 If there are two or more motor vehicles cause damage to the victim, the Company shall pay the initial compensation according to 3.1 and 3.2 , depend on the circumstances, to the victim who is in the insured vehicle that causes accident the Company shall pay the initial compensation to the victim in the same proportion. This initial compensation is part of the compensation stated in Item No. 2.
No. 4 Claim for initial compensation
The road victim has to claim for the initial compensation within 180 days after the accident and shall have the following evidence: -
4.1 Bodily Injury
4.1.1 receipt from the hospital or clinic or other debit mote regarding medical expenses.
4.1.2 Copy of Identification Card or copy of Alien Book or copy of passport or other identified evidence.
4.2 Death
4.2.1 copy of death certificate
4.2.2 copy of police report showing the death of the victim arising from car accident
4.2.3 claim for initial compensation for No. 4.1 together with 4.2 shall submit evidence according to claims under both No. 4.1 and 4.2
No. 5 Sticker
The Company must provide the Insured with the sticker to be stuck on the front windscreen. In case of no front windscreen, stick wherever could be seen clearly.
No. 6 Coverage of driver
Any person who is allowed to drive the motor vehicle by the Insured, shall be treated by the Company as if he were the Insured and such person shall perform as if he were the Insured and shall be subject to the provision of this policy.
No. 7 Coverage of passengers liability
Whenever the passenger must take up responsibility while the motor vehicle is being used or being on the road or caused by objects carried or installed on it.
No. 8 Report of accident
Occurrence of damage to the victim, the insured or the driver shall
8.1 report to the Company without delay
8.2 forward to the Company promptly on receiving of the Court's summon, order or executed order or notice from the Court
8.3 inform the Company immediately in writing wherever procedure on law suit under civil or criminal case in Court is found which may cause rising of the rights on claim under this policy. If the Insured fails to perform as provided for under this condition, the Company may demand compensation for any loss arising therefrom unless the Insured can prove that it could not be possible to do so
No. 9 Handling of claim
9.1 The Insured shall not admit, offer or promise, for any payment to any person without the Company's consent except the loss which must be liable legally by the Insured and the Company does not pay attention to.
9.2 The Company is entitled to conduct a defense.
9.3 The Company is entitled to file law suit to any person for indemnity for the benefit of the Company and in the name of the Insured. For this purpose, the Insured shall give all facts and assistance, considerately reasonable to the Company.
9.4 When the compensation is fully paid by the Company which should be liable under Coverage Agreement 2 or 3 before the suit is filed, the Company shall not be responsible to defend on behalf of the Insured.
9.5 In case the compensation would have been refused by the Company and the matter must be carried on to the Court or to Arbitrator, and if the Court or the Arbitrator gives judgment in favor to the Insured, the settlement of claim as lien thereon shall be based on 15% interest per annum in addition.
No. 10 Report to the police
When there is a criminal offense by any person which gives rise the right of claim under this policy, the Insured shall report it to the police without delay.
No. 11 Expenses for defense
If the Insured is sued for compensation in Court which is covered by this insurance, the Company shall defend such suit at the expenses of the Company.
No. 12 Premium increase for bad experience
In the event the Insured has one or more units of motor vehicle, insured with the Company and claims are filed during the insurance period, the Company shall increase the premium as follows: -
50% of the premium rate on the year of renewal in case the claim amount is 200-500% of the premium under this insurance.
75% of the premium rate on the year of renewal in case the claim amount is 501-1,000% of the premium under this insurance
100% of the premium rate on the year of renewal in case the claim amount is 1,001% up of the premium under this insurance.
No. 13 Transfer of the motor vehicle
When the ownership of the Insured motor vehicle, is transferred by the Insured to other person, the insurance coverage for that motor vehicle shall be then transferred to transferee too and the Company bound to hold the liability through whole period of insurance still unexpired yet.
No. 14 Motor vehicle usage
In the event of vehicle usage while claim arising besides those which specify in Item No. 7 of the Schedule, which increases the risk, the Insured shall compensate the Company for the paid amount but not exceeding Baht 2,000.
No. 15 Cancellation of policy
15.1 The Company is able to cancel this policy by giving the written notice in advance not less than 30 days by registered post to the Insured as per address lastly informed to the Company. In such event, the Company shall return to the Insured, the insurance premium pro rata to period having been so far in force.
15.2 The Insured is able to cancel this policy by giving the written notice to the Company and is entitled to get the returned premium as per scale specified below: -
| No. of moths covered | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 |
| Returned premium / % | 80 | 70 | 60 | 50 | 40 | 30 | 20 | 15 | 10 | 0 | 0 | 0 |
After cancellation of policy according to 15.1 and 15.2, the Insured must return the sticker to the Insurance Commissioner or destroy that sticker so that it could not be used again otherwise, it will against the law. (In practice the Insured must return the sticker to the Insurer to pass on to the Insurance Commissioner).
No. 16 Stop of dispute by Arbitrator
Any dispute, argument or appeal arose from or related with this insurance, and if the claimant wants to have it be finalized by the Arbitrator, it must be then admitted by the Company and to let it be on procedure adopted by the Insurance Department in principle.
No. 17 Exclusions
This policy does not cover liability arising from: -
17.1 war invasion. Acts of foreign enemies, hostilities or warlike operations (whether war be declared or not)
17.2 civil war, mutiny, rebellion, revolution. Military or usurped assuming power, civil commotion, assuming the status of or amounting to a popular rising
17.3 nuclear weapons and materials
17.4 ionizing, radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste, caused so from the combustion of nuclear fuel and for the purpose of this clause, the combustion shall include any self-sustaining process of nuclear fission or fusion
17.5 damage to the vehicle being stolen, robbery and embezzlement
17.6 use of the motor vehicle outside the territory covered
17.7 use of the motor vehicle for illegal purpose such as to use it for plunder, robbery or for carriage or illegal drugs
17.8 use of motor vehicle for racing, endurance testing or speed running in way of sport
17.9 use of the motor vehicle by the garage's persons when it has been given to the garage for repair has been ordered by or under consent of the Company
17.10 driving made by any person who has never been given of the driving license or has been used to but having been disqualified by law or to use motorcycle driving license to be for driving of the motor vehicle
17.11 driving made by any person who is under the influence of intoxicating, alcohol or drug to the extent of being unable to control the motor vehicle
No. 18 Special Provisions
Subject to the limit of liability stated in the Schedule, the Company shall not reply upon the invalidity of the policy or the gross negligence of the Insured under this policy conditions except Item 17.1, 17.2, 17.3, 17.4, 17.5 and 17.6 to be as defensive points against the victim to deny the liability under this policy. When the Company has paid compensation, which must be responsible by the Insured for the victim, and that is made with no liability by law or by this policy to the Insured, the Insured shall pay back the amount so paid to the Company within 7 days.
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