2015-09-06
330
1. An injured third party, wishing to receive compensation from the Bureau in the cases provided for in subparagraph 3 of paragraph 1 of Article 17 of this Law when the responsible insurer – member of the Bureau is the subject of bankruptcy proceedings (there is an effective court ruling to start bankruptcy proceedings), must personally or through his representative present a claim to the Bureau together with all information necessary to determine the circumstance of a road accident and the damage caused during the road accident.
2. In the case where the injured third party has presented a claim for damages to the insurer who is going bankrupt, the Bureau takes over from the administrator of the insurer who is going bankrupt a claim of the injured third party as well as the documents proving the damage. The administrator of the insurer who is going bankrupt must transfer these documents to the Bureau within 3 months after the day of coming into effect of a court ruling to take bankruptcy proceedings. The Bureau shall not be liable for the failure by the insurer who is going bankrupt to keep to the time limit for the payment of compensation. The Bureau, when taking over from the insurer who is going bankrupt the documents related to the infliction of damage, shall pay compensation to the injured third parties who are entitled to compensation according to the valid insurance contracts.
3. Where the injured third party has appealed to the court requesting damage compensation from the responsible person or the responsible insurer who is subject to bankruptcy proceedings, the Bureau may not be defendant in such proceedings instead of the insurer who is going bankrupt, however, the injured third party shall have the right to appeal directly to the Bureau that the damage caused during a road accident shall be established and compensation shall be paid in compliance with the procedure laid down by this Law. The injured third party shall also have the right to appeal to the Bureau regarding the payment of compensation also in the cases when the injured party has already awarded the payment of compensation from the insurer who is going bankrupt. After the Bureau pays compensation or part thereof, the injured third party shall not have the right to request to be paid that part of compensation from the responsible person or the responsible insurer who is going bankrupt.
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4. Upon having presented a claim in the cases provided for in paragraph 1 or 3 of this Article, or after the Bureau takes over the documents proving the damage, which are in possession of the insurer who is going bankrupt, the injured third party may not be included in the list of creditors of the insurer who is going bankrupt.
5. Upon having received a claim of the third injured party and the documents about the circumstances of a road accident and the damage, the Bureau shall, on the basis of this Law and other legal acts regulating handling and settlement of the claim assigned to its competence, shall handle the claim and, having established the grounds for payment of compensation and its amount, shall pay compensation to the injured third party.
6. The Bureau must pay compensation within 2 months from the receipt of the documents concerning the damage or from the day of the receipt of a claim from the injured third party. In case of failure to investigate the circumstances which are necessary to establish the grounds for payment of compensation or to set the amount of compensation, or the Bureau has not received all the documents necessary for payment of compensation, compensation shall be paid within the time limits specified in paragraph 2 of Article 19 of this Law, however, the Bureau must pay the undisputable portion of the compensation within 2 months from the receipt of the documents from the insurer or from the day of the receipt of a claim of the injured third party.
7. The policyholder who in the case referred to in paragraph 6 of Article 19 of this Law has acquired the right to compensation, shall enjoy all rights of the injured third party, laid down in this Article.
8. The Bureau which pays compensation pursuant to this Article shall become the creditor of the insurer who is going bankrupt.
9. In the cases specified in Article 22 of this Law the insurer who is going bankrupt shall have the right to request from the persons referred to in Article 22 the reimbursement of the amount paid in accordance with this Article for the caused damage.
Article 21. Release from the Obligation to Pay Compensation
1. The responsible insurer or the Bureau shall be released from the obligation to pay compensation if:
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1) damage occurred as a result of war activities, terrorist attacks, nuclear power impact or state of emergency;
2) damage was caused to a cargo or baggage carried against payment in the responsible person’s motor vehicle;
3) damage was incurred as a result of loss of cash, bijouterie, jewellery and art items, securities, documents, philatelic, numismatic or similar collections or objects.
2. The responsible insurer shall be released from the obligation to pay compensation to injured third parties who voluntarily entered the motor vehicle which caused the damage if the insurer can prove that they knew the motor vehicle was stolen.
3. The Bureau shall not pay compensation to the injured third party if the damage is compensated by the responsible person or another person or if the injured third party was compensated for the damage by the responsible insurer.
4. The Bureau shall be released from the obligation to pay compensation to injured third parties who voluntarily used the motor vehicle which caused the damage where the Bureau can prove that they knew the motor vehicle was not insured.
