In what cases can I get a refund for motorcycle insurance premiums?

I would like to ask under what circumstances will the amount paid for motorcycle insurance be refunded? - Reader Quoc Tinh

Trường hợp nào được trả lại tiền đã đóng bảo hiểm xe máy?

In what cases can I get a refund for motorcycle insurance premiums?

According to Article 11 of Decree 67/2023/ND-CP, the termination of mandatory civil liability insurance contracts for motor vehicle owners and the legal consequences of such termination are as follows:

In the event that a motor vehicle's registration certificate and license plate are revoked in accordance with regulations issued by the Minister of Public Security , the insurance contract terminates from the time of revocation of the registration certificate and license plate.

Insurance companies are responsible for refunding the premiums paid to the policyholder corresponding to the remaining term of the insurance contract from the time the insurance contract terminates.

Therefore, according to the above regulations, if a motor vehicle's registration certificate and license plate are revoked, the insurance contract terminates from the time of revocation, and the insurance company is responsible for refunding the insurance premiums paid to the policyholder corresponding to the remaining term of the insurance contract from the time the insurance contract terminates.

Cases in which motor vehicles have their registration certificates and license plates revoked according to Article 23 of Circular 24/2023/TT-BCA include:

- The vehicle is damaged and unusable, or destroyed due to unforeseen circumstances.

- The vehicle has exceeded its service life and is not permitted to operate according to the law.

- For vehicles that are stolen, misappropriated and cannot be recovered, or vehicles that have been scrapped, the owner requests the revocation of the vehicle registration certificate and license plates.

- Imported vehicles exempt from tax or temporarily imported vehicles of foreign agencies, organizations, or individuals that are re-exported, transferred ownership, or destroyed.

- Vehicles registered in economic zones as regulated by the Government when re-exported or transferred into Vietnam.

- The vehicle is undergoing registration and transfer procedures.

- The engine and frame of the vehicle were removed to register it for another vehicle.

- Vehicles that have been registered but are found to have forged vehicle documents, or vehicles where the competent authority concludes that the engine number or chassis number has been cut, welded, re-stamped, erased, or the license plate was issued improperly.

Motorcycle insurance coverage and exclusions

The scope of coverage and exclusions of liability under mandatory civil liability insurance for motor vehicle owners, as stipulated in Article 7 of Decree 67/2023/ND-CP, are as follows:

- Coverage area:

Insurance companies are responsible for compensating for the following damages:

+ Non-contractual damages to health, life, and property of third parties caused by motor vehicles participating in traffic or operation.

+ Damage to the health and lives of passengers on that vehicle caused by the motor vehicle participating in traffic or operation.

- Cases excluded from insurance coverage:

Insurance companies are not liable for insurance claims in the following cases:

+ Intentional acts of causing damage by the owner of the motor vehicle, the driver, or the injured party.

+ The driver who caused the accident intentionally fled the scene and did not fulfill their civil liability as the owner of the motor vehicle. However, if the driver who caused the accident intentionally fled but had already fulfilled their civil liability as the owner of the motor vehicle, this does not fall under the circumstances excluded from insurance liability.

+ Drivers who do not meet the age requirements stipulated in the Road Traffic Law; drivers who do not possess a driver's license or who use an invalid driver's license according to the law on training, testing, and issuing driver's licenses for motor vehicles; drivers whose driver's licenses have been altered or expired at the time of the accident; or drivers whose driver's licenses are unsuitable for motor vehicles that require a driver's license.

If a driver's license is suspended or revoked for a specified period, they are considered to be driving without a license.

+ Indirect damages include: reduced commercial value, and damages associated with the use and exploitation of the damaged property.

+ Damage to property caused by drivers operating motor vehicles with blood or breath alcohol concentrations exceeding the normal levels as guided by the Ministry of Health ; or using drugs and stimulants prohibited by law.

+ Damage to property that was stolen or robbed during the accident.

+ Damage to special property includes: gold, silver, precious stones, valuable documents such as money, antiques, rare paintings and photographs, corpses, and remains.

+ Damage caused by war, terrorism, earthquakes.

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