What is Full text of Act No. 267 / 2008 Coll.?

Full version of Act No. 267 / 2008 Coll., Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of a vehicle and amending certain related laws (Act on insurance of liability from the operation of a vehicle), as resulting from subsequent amendments — Full text of Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on insurance of liability from the operation of a vehicle), as resulting from subsequent amendments.

When it became Full text of Act No. 267 / 2008 Coll. effectiveness?

Full text of Act No. 267 / 2008 Coll. became effective date not available.

Is Full text of Act No. 267 / 2008 Coll. still valid?

Yes, Full text of Act No. 267 / 2008 Coll. is still valid and effective.

Full text of Act No. 267 / 2008 Coll. - Full text of Act No. 168 / 1999 Coll., o...

267

PRESIDENT OF THE GOVERNMENT

announces the full text of Act No. 168 / 1999 Coll., on the insurance of liability for damage caused by the operation of the vehicle and on the amendment of certain related laws (Act on Insurance of Liability from the operation of the vehicle), as follows from the amendments made by Act No. 307 / 1999 Coll., Act No. 56 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 47 / 2004 Coll., Act No. 377 / 2005 Coll., Act No. 57 / 2006 Coll., Act No. 296 / 2007 Coll.

THE LAW

on vehicle liability insurance

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INSURANCE OF RELIEF FROM VEHICLE OPERATIONS

Oddíl první

Preliminary provisions

§ 1

(1) This law implements the relevant provisions of the European Communities (1), and provides for

(a) liability insurance for damage caused by the operation of the vehicle (liability insurance);

(b) the establishment of the Czech Insurance Office (hereinafter referred to as the Office), its legal status, organisation and subject matter.

(2) Save as otherwise provided in this Act, a vehicle may be operated on the motorways (1a), a road (2), a local communication (3) and a dedicated communication, except in the case of special purpose communication which is not publicly accessible (4) (hereinafter referred to as "infrastructure"), only by one whose liability for damage caused by the operation of that vehicle is insured under this law. The liability insurance obligation must also be fulfilled if the vehicle is left on the road.

(3) Save as otherwise provided in this Act, liability insurance is governed by special legislation4a).

§ 2

Definition of terms

For the purposes of this Act:

(a) road vehicle, special vehicle, trolleybus5); a wheelchair, a cover vehicle and a non-motor vehicle drawn or pushed by a pedestrian person, a bicycle and a scooter shall not be regarded as a vehicle unless it is approved as a type of motorcycle vehicle,

(b) a domestic vehicle is a vehicle which is subject to registration of road vehicles under special legislation (9) (hereinafter referred to as "vehicle registration"), or a vehicle which is not subject to registration of vehicles and is owned by a natural person residing or in business or by a legal person established in the territory of the Czech Republic, or a vehicle which has been dispatched to the Czech Republic from another Member State (point (l))), where the Czech Republic is the State of destination, for a period of 30 days from the date on which the purchaser took over the vehicle, even if the vehicle has not been registered in the Czech Republic,

(c) a foreign vehicle is a vehicle which is equipped with a foreign registration plate or a vehicle which is not equipped with a foreign registration plate and is owned by a natural person residing or being in business outside the territory of the Czech Republic or by a legal person having its registered office outside the Czech Republic;

(d) insurer of the insurance company, which is entitled under the special legislation (10) to operate liability insurance in the Czech Republic,

(e) the policyholder who has concluded a liability insurance contract with the insurer;

(f) insured persons whose liability is covered by liability insurance;

(g) injured by those who have been injured by the operation of the vehicle and are entitled to compensation;

(h) damage caused by the operation of the vehicle;

(i) insurers' offices of a professional organisation bringing together insurance undertakings which are entitled in a Member State to carry out liability insurance;

(j) the authority of registration, the administrative authority which keeps the vehicle register (9);

(k) an international green card showing that a contract has been concluded with the vehicle for liability insurance caused by the operation of the vehicle referred to in that certificate;

(l) a Member State of the European Union or another State constituting the European Economic Area,

(m) the territory in which the vehicle is normally based,

1. the territory of the State whose registration mark or other registration mark the vehicle is affixed, whether or not that mark is permanent or temporary; or

2. the territory of the State where the mark assigned to the vehicle by the insurer or any other distinguishing mark has been issued if the vehicle is not subject to registration but the mark assigned by the insurer or other distinguishing mark is affixed to the vehicle, or

3. the territory of the State in which the owner or the co-owner of the vehicle is resident, where neither the registration mark nor the mark assigned by the insurer or any other distinguishing mark similar to the registration plate is required for such vehicle; or

4. the territory of the State in which the harmful event occurred where the vehicle is without a registration plate, even if it should have been affixed, or of a vehicle with a registration plate or another registration plate which does not correspond to or has ceased to comply with the vehicle, in the case of the provision of services pursuant to Article 24 (2) (b).

Oddíl druhý

Insurance of liability

§ 3

Insurance contract

(1) Liability insurance is established under an insurance contract concluded between the policyholder and the insurer. The insurer shall always be obliged to conclude an insurance contract if the application for its conclusion does not contradict this law, the law governing the insurance contract (4a) or the insurer's insurance conditions. In an insurance contract, the Contracting Parties may derogate from this Act only if this does not reduce or limit the claims of the injured party arising from the right to compensation for damage caused by liability insurance caused by the operation of the vehicle. The liability insurance cannot be interrupted (11) unless otherwise agreed in the insurance contract. If the insurance contract has agreed to discontinue the insurance of liability, the policy holder shall demonstrate to the insurer, before the start of the insurance interruption, that he has surrendered the registration number and registration certificate to the competent registration authority. The liability insurance is not fulfilled at the time of the interruption.

(2) The owner of a domestic vehicle or the driver of a foreign vehicle shall be obliged to conclude a liability insurance policy unless otherwise provided for in this Act.

(3) Immediately after the conclusion of the insurance contract relating to the domestic vehicle, the insurer shall issue a green card to the policyholder.

(4) The insurance contract always includes:

(a) identification of the insurer and policy holder and vehicle data;

(b) the duration of the insurance;

(c) the insurance performance limit;

(d) the amount of the premium, its maturity and its method of payment; and

(e) the form and place of notification of the harmful event; where liability insurance is carried out in the form of temporary provision of services, also the address of the place of residence or place of business, or the registered office of the person responsible for the damage referred to in Article 9b.

(5) If, at the time of the conclusion of the insurance contract, certain information on the vehicle is not known but which does not make it impossible to identify it, the policyholder shall communicate it to the insurer within a period to be determined by the insurer, but not later than 15 days from the date of conclusion of the insurance contract. The policy holder shall notify the policy holder of the change within 15 days of the date of the change.

§ 3a

Limits on claims

(1) For the purposes of this Act, the limit on insurance benefits is the maximum limit on the performance of the insurer in a single event. The insurance performance limits shall be stated separately in the insurance contract in a manner which corresponds to the breakdown of the insurance performance limits referred to in paragraph 2.

(2) The insurance performance limit must correspond to:

(a) in the event of damage under § 6 (2) (a), at least CZK 35,000 for each injured or killed person, including reimbursement of the costs of care paid by public health insurance and a regression claim under § 6 (4),

(b) in the event of damage under § 6 (2) (b) and (c), at least CZK 35,000, regardless of the number of victims; If the sum of the claims applied is greater than the more damaged insurance performance limit specified in the insurance contract, each of them shall be reduced in proportion to the sum of the claims of all the injured.

§ 3b

Determination of premiums

(1) The insurer is obliged to determine the level of premiums in such a way as to ensure that the liabilities arising from the operation of liability insurance and the payment of contributions to the Office pursuant to Article 18 (5) are permanently met, in particular by sufficient asset formation, the source of which is technical provisions under the law governing insurance 11a).

(2) When negotiating the amount of premiums in an insurance contract, the insurer shall take into account the total previous malpractice of insurance against the liability of the policyholder by a discount on insurance premiums in the event of the non-malicious course of insurance or a premium on insurance premiums in the case of the payment of insurance benefits from liability insurance. Taking into account the previous malpractice, the insurer shall not take into account the period of interruption of the liability insurance. In that case, taking into account the previous harmful course, the period of interruption of the liability insurance shall not be counted against the insurance period of that insurance.

(3) The method of determining the amount of the premium shall be submitted by the insurer to check the Czech National Bank on its written request, including the statistics on which the premium is based and the confirmation of the responsible actuarial (11b) on the correctness of the method of determining the amount of the premiums.

§ 4

repealed

§ 5

Exemptions from liability insurance

(1) The obligation to conclude an insurance contract under this Act does not have

(a) a driver of a foreign vehicle holding a valid green card issued by an insurance company in a foreign State or a vehicle whose liability insurance in the Czech Republic is guaranteed by the office of insurers of a foreign State;

(b) an integrated rescue system component for all vehicles not used for business purposes and included in a continuously updated annex to the integrated rescue system alarm plan of the county (12);

c) Security Information Service for vehicles operated by it, Ministry of Defence for vehicles operated by Military Intelligence and Ministry of Interior for vehicles operated by the Office of Foreign Relations and Information and for vehicles of the Police of the Czech Republic services of the Criminal Police and Investigation Service and the Municipality for vehicles operated by units of voluntary fire department municipalities.

(2) To the vehicle referred to in paragraph 1 (b) and (c) ("vehicle with the exception of liability insurance"), the Ministry of Finance ("Ministry") shall issue a green card. If the reason for which a green card has been issued to a vehicle with the exception of liability insurance, the person who operates such a vehicle is obliged to return the green card to the Ministry.

Scope of liability insurance

§ 6

(1) The liability insurance shall apply to any person responsible for damage caused by the operation of the vehicle specified in the insurance contract.

(2) Save as otherwise provided for in this Act, the insured person shall have the right to pay the insurer for him in the extent and amount of the civil law15) to the injured party

(a) damage caused to health or death;

(b) the damage caused by damage, destruction or loss of the case, as well as the damage caused by the theft of the case, where the natural person has lost the ability to cherish it;

(c) income forgone;

(d) effectively incurred costs associated with legal representation in the application of the entitlements referred to in points (a) to (c); However, in relation to the damage referred to in (b) or (c), only where the period referred to in Article 9 (3) has expired in vain, or where the insurer has refused, or has refused, or has refused, without right to reduce, the claims,

if the injured party has exercised and demonstrated his claim and if the event from which the damage occurred and for which the insured person is responsible has occurred during the period of insurance, except for the period of interruption.

(3) The damage referred to in paragraph 2 (a) to (c) shall be paid in cash, up to a maximum of the insurance performance limit laid down in the insurance contract.

(4) In addition, the insured has the right to have the insurer pay for it by the relevant health insurance undertaking applied and established a claim for reimbursement of the costs of health care borne by the public health insurance scheme under the Act governing public health insurance (15a) if the health insurance undertaking has incurred these costs of health care provided to the injured person, provided that the damage caused by such damage and for which the insured person is responsible has occurred during the period of liability insurance, except for the period of interruption. This is also the case in the case of the regression compensation prescribed for the insured under the sickness insurance law 15b).

(5) The insurance contract relating to liability insurance must be concluded in such a way that such insurance applies on the basis of a single insurance policy within the territory of all Member States and other States included in the list of States laid down by the Ministry of Finance. The insurer is obliged to mark this validity on the green card.

(6) The liability insurance shall also apply in the territory of States other than those referred to in paragraph 5, provided that the insurer has indicated that the insurance is valid on the green card.

(7) In the event of damage caused by the operation of a domestic vehicle in the territory of another Member State, the scope of liability insurance shall be governed by the legislation of that other Member State, provided that, under this law or under the insurance contract, that scope is not wider.

(8) The damage caused by the operation of a vehicle to a citizen of a Member State during its direct journey between the two territories of the Member States, where the territory in which such a person passes and where the event from which the damage occurred is not covered by any national insurers' office, shall be subject to the legislation of the Member State in whose territory the vehicle is normally based.

§ 7

(1) The insurer does not pay

(a) the damage suffered by the driver of the vehicle the operation of which caused the damage;

(b) the damage referred to in Article 6 (2) (b) and (c) for which the insured person is responsible to his spouse or persons who lived in the common household at the time of the event, with the exception of the damage referred to in Article 6 (2) (c), where the damage is related to the damage referred to in Article 6 (2) (a);

(c) damage to the vehicle the operation of which caused the damage, as well as to the goods carried by that vehicle, with the exception of damage caused to the goods carried by that vehicle by the person carrying it at the time of the damage, to the extent that the insured person is responsible for the damage;

(d) damage pursuant to Article 6 (2) (b) and (c) arising between vehicles of a combination made up of a motor vehicle and a trailer, as well as damage to goods carried by such vehicles, in the absence of damage caused by the operation of another vehicle;

(e) damage caused by handling the load of the stationary vehicle;

(f) costs incurred by the provision of medical care, sickness insurance benefits (care) or pension pensions due to damage to health or death suffered by the driver of the vehicle whose operation caused the damage;

(g) damage caused by the operation of the vehicle in its participation in an organised motorist race or competition, with the exception of damage caused by such participation, if the driver is obliged to comply with road traffic rules in that race or competition;

(h) damage caused by the operation of the vehicle in the event of a terrorist act or a war event, if such operation is directly related to that act or event.

(2) If the damage caused to the owner of the vehicle was caused by the operation of his vehicle, which was driven by another person at the time of the damage, or by the person whose operation caused the damage to that person, he is entitled to treat it as his own or with whom he has the right to exercise his right, and if another person was driving the vehicle at the time of the damage, the insurer is obliged to pay that owner or that person only the damage referred to in Article 6 (2) (a), including the reimbursement of the costs of the care borne by public health insurance and the regression claim under Article 6 (4).

(3) In the event of a collision of vehicles owned by the same person, the damage caused to that person shall be reimbursed only if it is the various vehicle operators involved in the occurrence of the event and if that person is not at the same time the vehicle operator on which the damage was caused.

(4) The performance for damage caused by the operation of the vehicle, to the extent that the insured person is responsible for such damage and duly demonstrated by the injured party, may not be refused or reduced except in the cases referred to in this Act.

§ 8

Obligations of the insured

(1) The insurer shall, without undue delay, notify the insurer in writing that there has been a malicious event, indicating the facts relating to the event, submit the relevant documents and follow the instructions of the insurer during the investigation.

(2) The insured person shall inform the insurer in writing without undue delay that:

(a) the right to compensation has been claimed against it and the amount of compensation requested has been expressed,

(b) administrative or criminal proceedings have been initiated in the context of a malicious event and inform the insurer immediately of its progress and outcome;

(c) the injured party has been entitled to compensation in a court or other competent authority if he becomes aware of this fact.

(3) The insured person shall, without undue delay, document to the injured party, upon his request, the information necessary to exercise the right of the injured party to the performance referred to in Article 9 (1), but at least:

(a) his name and, where applicable, his name and address, his name or business name and registered office;

(b) the name and, where applicable, the name and address, the name or business name and registered office and, where appropriate, the place of business of the owner of the vehicle;

(c) the business firm and the head office of the insurer, possibly the address of the branch of the insurer in the Czech Republic,

(d) the number of the insurance contract; and

(e) in the case of a vehicle subject to vehicle registration, the registration number of the vehicle to which the damage was caused.

§ 9

Insurance claims

(1) The injured party shall have the right to claim the performance referred to in Article 6 from the competent insurer or from the Office in the case of a claim for the performance of the guarantee fund pursuant to Article 24.

(2) The performance of the insurer shall be due within 15 days, as soon as the insurer has completed the investigation necessary to establish the extent of the insurer's obligation to comply or when the insurer has received a final decision by the court on his obligation to provide insurance.

(3) The insurer is obliged to conduct an investigation into a harmful event without undue delay. Within a period of 3 months from the date on which the entitled person has exercised the right to benefit from liability insurance, the insurer shall:

(a) terminate the insurance claim investigation and communicate to the injured party the amount of the insurance claims, unless the insurer's obligation to pay the liability insurance has been questioned and the claims of the injured party have been established; or

(b) provide the injured person with written explanations of the claims he has claimed which have been rejected by the insurer or for which the performance of the insurer has been reduced or for which the investigation could not be terminated within the prescribed period.

(4) If the insurer has failed to comply with the obligation referred to in paragraph 3, the amount of insurance benefits covered by the insurer's default shall be increased by interest on late payments. The interest rate on late payment is set at the discount rate fixed by the Czech National Bank, applicable on the first day of delay, plus 4% per year. Interest on late payments shall be determined separately for each month started at the rate of one twelfth of the rate of interest on late payments, the rate of interest on late payments being updated each month using the discount rate of the Czech National Bank applicable on the first day of that month. Interest on late payments derived on the basis of the discount rate shall be applied unless an amount higher is specified in the insurance contract.

(5) In the absence of a threat to criminal proceedings under special legislation (16) or infringement proceedings, the law enforcement authority or the law enforcement authority shall inform the insurer or the Office of the details of the accident to the extent specified by the special legislative act (16a) or, where appropriate, allow it to view the file and obtain statements of the offence.

§ 9a

Damage representative of the insurer in another Member State

(1) An insurer established in the territory of the Czech Republic shall appoint in each other Member State a liability representative. This also applies to insurers established in a territory other than a Member State (hereinafter referred to as the "third State '), with the exception of those Member States in which they have been authorised to carry out liability insurance. Such a liability representative shall have its registered office in the Member State in which it is established, if it is for a natural person, residence or place of business and if it is for a legal person.

(2) The representative referred to in paragraph 1 shall, in the name and on behalf of the insurer, deal with harmful events, including the final execution of claims made to the injured. To this end, it collects the information necessary to examine the claims of the injured party and implements measures to settle them, if the damage was caused by the operation of the vehicle,

(a) to which the insurer has negotiated liability insurance in a Member State other than that in which the insurer has his residence, place of business or registered office;

(b) which is normally based in a Member State other than that in which it has its residence, place of business or registered office, and

(c) if such damage has occurred in a Member State other than that in which the injured party is domiciled, his place of business or his registered office; or

(d) if this has been done in a third State whose insurers' office has joined the green card system.

(3) The representative referred to in paragraph 1 may also be active for several insurers. It shall be entitled to represent the insurer in relation to the injured party, to settle the claims of the injured party in full and to act in the official language of the Member State of residence of the injured party. The appointment of a claims representative referred to in paragraph 1 shall not exclude the right of the injured party to claim the right to compensation directly against the person who caused the damage or against the competent insurer.

(4) The appointment of a claims representative referred to in paragraph 1 shall not constitute the establishment of a branch of the insurer and the activity of the liability agent shall not be considered as a form of establishment in the territory of another Member State (hereinafter referred to as "establishment ').

(5) The insurer shall inform the Office of the name and, where applicable, the name and address of the place of residence, place of business or business of the person responsible for the damage referred to in paragraph 1, in the case of a natural person, or of a business name or registered office, in the case of a legal person, the State of its jurisdiction and any change within 7 days of the date of his appointment or amendment. The Office shall transmit this information without undue delay to the relevant national information centres of the Member States.

§ 9b

Damage representative of an insurer from another Member State for the Czech Republic

(1) An insurer established in the territory of another Member State who operates liability insurance in the territory of the Czech Republic on the basis of the freedom to provide temporary services is obliged to appoint a liability representative in the Czech Republic.

(2) The representative referred to in paragraph 1 shall, on behalf of and on behalf of the insurer, deal with harmful events, including the final execution of damaged claims. To this end, it collects the information necessary to examine the claims of the injured party and implements measures to settle them, if the damage was caused by the operation of the vehicle,

(a) to which the insurer has negotiated liability insurance, if the damaged residence, place of business or registered office in the Czech Republic; and

(b) if such damage has occurred in the territory of a Member State or another State pursuant to Article 6 (5) or (6).

(3) The representative referred to in paragraph 1 may also be active for several insurers. He must be entitled to represent the insurer in relation to the injured party, to settle the entitled claims of the injured person in full and to act in the Czech language. The appointment of a claims representative referred to in paragraph 1 shall not exclude the right of the injured party to claim the right to compensation directly against the person who caused the damage or against the competent insurer.

(4) The appointment of a claims representative referred to in paragraph 1 shall not constitute the establishment of a branch of the insurer and the activities of the claims representative shall not be considered an establishment.

(5) The insurer shall inform the Office of the name and, where applicable, the name and address of the place of residence, place of business or business of the person responsible for the damage referred to in paragraph 1, in the case of a natural person, or of a business name or registered office, in the case of a legal person within 7 days of the date of his appointment. The insurer shall notify the Office within 7 days of the date of the change.

(6) The representative referred to in paragraph 1 shall represent the insurer referred to in paragraph 1 in relation to the Office in respect of the matters covered by paragraphs 15 and 24 (7) and (9), even if the authority referred to in paragraph 18 (9) is for another person.

§ 9c

Harmful representative of insurance company for the Czech Republic

(1) The professional representative established in accordance with the law of the European Communities (1) in the Czech Republic by an insurance undertaking which has been granted an authorisation in a Member State other than the Czech Republic to carry out liability insurance and which does not operate liability insurance in the Czech Republic shall, on behalf of and on behalf of that insurance undertaking, deal with harmful events, including damages caused by the damaged operation of the vehicle,

(a) to which the insurance undertaking has negotiated liability insurance, if the damaged residence, place of business or registered office in the Czech Republic;

(b) which is normally based in a Member State other than the Czech Republic; and

(c) if such damage has occurred in a Member State other than the Czech Republic, or

(d) if this has been done in a third State whose insurers' office has joined the green card system.

(2) The representative referred to in paragraph 1 shall collect the information necessary to investigate the claims of the injured party and implement measures to settle them if the damage was caused by the operation of the vehicle, provided that the insurance undertaking has negotiated the liability insurance for the operation of that vehicle effective at the time of the occurrence of the harmful event. He must be entitled to represent the insurer in relation to the injured party, to settle the entitled claims of the injured person in full and to act in the Czech language. The appointment of a claims representative referred to in paragraph 1 shall not exclude the right of the injured party to exercise the right to compensation directly against the person who caused the damage or against the relevant insurance undertaking.

(3) The representative referred to in paragraph 1 shall exercise, in respect of the injured party, the rights and obligations of the insurer under this law, including representation of the insurance undertaking before the courts in deciding on such rights or obligations.

(4) The representative referred to in paragraph 1 may also be active for several insurance undertakings. Its appointment is not the establishment of a branch of an insurance company and the activities of a claims representative are not considered an establishment.

§ 9d

Where an insurance undertaking operates liability insurance in the territory of the Czech Republic on the basis of the right to establish branches as an insurer established in another Member State, the obligations of the claims representative pursuant to § 9c (1) to (3) shall be deemed to be fulfilled by the manager of that branch in the territory of the Czech Republic, unless the insurance undertaking has provided another person as a liability representative for the insurance of its contracted liability from the operation of the vehicle which is normally based in a Member State other than the Czech Republic. Where an insurance undertaking operates liability insurance within the territory of the Czech Republic on the basis of the freedom to provide services temporarily as an insurer pursuant to § 9b (1), the obligations of the claims representative pursuant to § 9c (1) to (3) shall be deemed to be fulfilled by the claims representative pursuant to § 9b, unless the insurance undertaking has provided another person as a liability representative for the insurance of its contracted liability from the operation of the vehicle which is normally based in a Member State other than the Czech Republic.

§ 10

Right of the insurer to pay the sum paid

(1) The insurer shall have the right against the insurer to compensate for what he has done for him if he proves that the insurer:

(a) cause damage intentionally;

(b) it has infringed the fundamental obligation relating to road traffic and this breach was due to the occurrence of damage for which the insured is responsible;

(c) cause damage to the operation of a vehicle which has been unlawfully used;

(d) without account being taken of any reasonable grounds, he failed to fulfil the obligation under the special legislature17) to report an accident which is a harmful event and, as a result, the possibility of a proper investigation of the insurer under § 9 (3) has been made difficult;

(e) it has failed to fulfil the obligation under Article 8 (1) and (2) without justification and, as a result, the possibility of proper investigation by the insurer under Article 9 (3) has been made difficult; or

f) He refused, without any reason, as a driver of a vehicle, to pass an alcohol, narcotic or psychotropic test at the request of a member of the Czech Police.

(2) For the purposes of this Act, the violation of essential obligations in the operation of a vehicle on the road means:

(a) the operation of a vehicle which, by design and technical condition, does not comply with the requirements of road safety, occupants, persons and goods;

(b) the operation of a vehicle whose technical capability to operate a vehicle has not been approved;

(c) driving by a person who is not in possession of the relevant driving licence, with the exception of driving by a person who is learning to drive or to pass the driving test, and only under the supervision of an authorised teacher or driver of an individual training instructor;

(d) the driving of a vehicle by a person who has been assigned a ban on driving at the time of that prohibition;

(e) driving a vehicle by a person who has been under the influence of alcohol, narcotic drugs or psychotropic substances, or a prescription for driving a motor vehicle;

(f) the transmission of driving to the person referred to in (c), (d) or (e).

(3) The vehicle operator is jointly and severally liable to the insured person for the insurer's claim for reimbursement of the amount paid against the insured under paragraph 1 (b). (b) or (f) if it is not demonstrated that it was unable to influence the conduct of the insured. The right to reimbursement of the amount paid pursuant to paragraph 1 (f) against the vehicle operator shall not arise where the vehicle operator has suffered damage under Paragraph 6 (2) for which the insured person is responsible at the time when the vehicle operator was not driving the vehicle itself, up to the amount in which he was entitled under this law to pay the liability insurance.

(4) The insurer shall have the right against the policyholder to pay the amount which he has paid because of the damage caused by the operation of the vehicle if the insurer's cause was a fact which, for knowingly false or incomplete answers, the insurer could not have ascertained during the negotiation of the insurance and which was relevant to the conclusion of the insurance contract.

(5) The sum of the required refunds referred to in paragraphs 1, 3 and 4 shall not exceed the performance paid by the insurer as a result of the event to which the insurer's right relates.

(6) If the insured has infringed one of the obligations referred to in paragraphs 1 to 3 of Article 8, the insurer shall be entitled to claim reimbursement of the costs associated with the insurance claim investigation or other costs resulting from the breach of those obligations. This shall be without prejudice to the right of the insurer to pay the amount paid in accordance with paragraph 1 (e).

§ 11

Damage caused by the operation of the vehicle except from liability insurance

(1) The damage caused by the operation of the vehicle, with the exception of liability insurance, will be compensated by the Ministry.

(2) The method and extent of compensation in the cases referred to in paragraph 1 are governed by special legislation15). A person operating a vehicle with the exception of liability insurance shall notify the Ministry of the facts in accordance with § 8 (1) and (2). In such a case, the injured party shall be entitled to compensation against the Ministry. The activities related to compensation paid by the Ministry may be carried out on behalf of the Ministry by the insurer authorised by the Ministry.

(3) Where damage is caused by the operation of a vehicle, except from liability insurance in the territory of a State listed in accordance with Paragraph 6 (4), the Office or the insurer referred to in paragraph 2 shall pay the damage. The Ministry shall pay to the person who paid the damage in accordance with the first sentence the amount of the insurance premiums paid, including the costs associated with the insurance claim.

(4) If the Ministry has replaced the damage caused by the operation of the vehicle for which the person operating the vehicle is responsible, with the exception of liability insurance, the Ministry shall be entitled to compensation for what he has done for that person against the natural person causing the damage under the conditions laid down in Paragraph 10 (1). If the damage was caused in the performance of the duties, the Ministry may exercise the right to compensation for the performance paid to the extent that it could be claimed by the employer against the employee under special legislature18). This restriction does not apply if the damage caused intentionally, by unauthorised use of the vehicle, after ingestion of an alcoholic drink or under the influence of a narcotic substance.

Termination of liability insurance

§ 12

(1) Liability insurance under this Act expires

(a) the date on which the policyholder, his heir, the successor or the owner of the vehicle, being a different person from the policyholder, notified the policyholder of the change of the owner of the domestic vehicle;

(b) the date on which the vehicle which is not subject to registration of vehicles has ceased to exist; the vehicle ceases to exist when there is a non-reversible change preventing its operation;

(c) the date on which the domestic vehicle is withdrawn from vehicle records;

(d) theft of the vehicle; If the time of vehicle theft cannot be accurately determined, the vehicle is considered stolen once the police of the Czech Republic have accepted the notification of vehicle theft,

(e) on the day following the failure of the period prescribed by the insurer in a reminder to pay the premium or part thereof, delivered to the policyholder and at the same time to the owner of the domestic vehicle in respect of a person different from the policyholder; This period shall not be less than 1 month and the insurer's reminder shall include an indication of the loss of liability insurance in the event of non-payment of the premiums due; the period fixed by the insurer in the reminder of payment of the premium or part thereof may be extended before the agreement expires,

(f) notice under special legislation19),

(g) the Agreement;

(h) the expiry of the period for which liability insurance has been agreed.

(2) The policyholder shall notify the insurer without undue delay of the facts referred to in points (a) to (d) of paragraph 1.

(3) Where a vehicle subject to registration of vehicles is destroyed, the date of termination of liability insurance shall be the date on which it is permanently withdrawn from vehicle registration in accordance with paragraph 1 (b). (c) except where the person entitled to such an act of record has been unable, for reasons which are not at his will, to fulfil this obligation and has complied with it without delay when these obstacles have passed. In such a case, the date on which the liability insurance is terminated shall be the date on which such vehicle has ceased to exist.

§ 13

(1) Following the termination of liability insurance:

(a) the policyholder must surrender the green card to the insurer without undue delay if it has been issued;

(b) the insurer must, at the request of the policyholder in writing, issue him within 15 days of the date of receipt of the certificate of the duration of the liability insurance and of the malicious course of insurance, the formalities of which are laid down by the Ministry by decree; within the same time limit, the insurer shall be obliged to issue this certificate at the request of the policyholder at any time during the period of insurance, the same obligation being incumbent upon the insurer when the insurer's application for a green card return certificate is concerned.

(2) If the insurance of liability ceases to exist before the end of the period for which the insurance was agreed, the insurer shall have the right to insurance until the end of the calendar month in which the liability insurance ceased. The remaining part of the premiums paid shall be returned by the insurer. If, at the time of the termination of the liability insurance, a malicious event occurs, the insurer shall be entitled to the premiums according to the first sentence; the obligation to repay the remaining part of the premium is only to the extent that it does not have an obligation to comply with that event.

Citation	Full version of Act No. 267 / 2008 Coll., Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of a vehicle and amending certain related laws (Act on insurance of liability from the operation of a vehicle), as resulting from subsequent amendments
Regulation Type	Declared full text
Author	-
Collection	Code of Laws

Date of Promulgation	30.07.2008
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 267 / 2008 Coll.

Full text of Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on insurance of liability from the operation of a vehicle), as resulting from subsequent amendments

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