According to law insurance in his following articles says:
Article 112.- For the effects of this chapter, the terms indicated below shall have the following meanings, except where the text of this law Please indicate another thing:
a) Accident: Any sudden event that causes a lesión or hurt and that was not foreseen or expected by the driver.
b) insured: The subscriber of the policy or owner vehicle.
c) Insurer: The entity radio station of the policy.
d) Driver: All person physics that directs, maneuvers or is at cargo from the direct operation of a motor vehicle during its use in the by public.
f) License to drive: Content issued to a person in accordance with the law on motor vehicle traffic, to handle certain type of vehicle on public roads of the Republic Dominican.
g) Motor vehicle: Any means of transport moved by force other than muscular, except the following:
Means of transport that move on railways, sea, air or water.
Equipment, mobile machinery and means of transport operated exclusively within private property.
h) Trailers: As defined in the law on Vehicle Transit
i) Passengers: Any occupant Authorized operator of a vehicle, excluding its driver
j) Subscriber: The person to whose name the is issued policy insurance
k) Owners : The person to whose name the vehicle is registered insured in the Address General of Internal Revenue, at the time of an incident accident, or the person whose name be recorded as owner at the receipt official of transfer or any other Valid identity document provided with when and where certain.
l) Tag: It is the written record issued by the Insurer of the issue, renewal or endorsement of the policy subject to the conditions, limitations and exclusions of saying contract.
Article 113.- All person physical or moral, including the State Dominican Republic and its autonomous or decentralized institutions and the municipalities of the country, whose responsibility civil may be required by reason of material, physical or moral damages derived from the latter, caused to third parties by a accident caused by a motor vehicle or trailer, this obliged to keep it insured as seen here to the terms of this law , the condition to allow the circulation of saying vehicle, under a policy that guarantees the responsibility previously mentioned.
Paragraph.- It is excepted from the Safety which is established hereby law to foreign diplomatic officials accredited in the country, of nations where the same exists exception for Dominican diplomatic officials.
Article 114.- Travelers coming from abroad and temporarily entering one or more vehicles to be used in the territorio national, they must obtain the Safety established by this law only for the period of his stay in the country.
Article 115.- For motor vehicles or trailers acquired through contracts of sale conditional, the legal obligation which establishes this law, corresponds to the buyer vehicle.
Article 116.- All insured motor vehicles or trailers must carry un certificates o tag issued by the Insurer, which includes the validity of the policy corresponding, the vehicle data insured and the amount of coverage of bail judicial. This Valid identity document does not replace the policy and possession does not guarantee the validity thereof.
Article 117.- In the cases of mandatory coverage indicated by this law For motor vehicles, the existence of a license plate is not required. interest insurable of part of the owner, enough with test that the registered vehicle is the same insured, so that the sentences in favor of third parties may be declared enforceable against the company insurer; provided that said company insurance has been put in place cause.
Article 118- For the purposes of applying the Safety required motor vehicles, third parties are understood to be all those persons who have not been parties or have state represented in the contract insurance.
Notwithstanding the above, it will not be considered third for the same purposes:
El spouse and the ancestors, descendants, siblings and relatives of the insured or of cause of the accident up to the second degree. Nor, the partners, shareholders, directors, managers, employees and dependents of the insured when acting in their aforementioned capacities.
b) Irregular passengers, that is, those persons who due to the nature of the vehicle or trailer could not be transported in it, except for the /// that they are traveling inside the cabin, as long as it does not exceed the capacity of this, in accordance with the specifications established by the vehicle manufacturer.
Article 119.- It is optional for authorized Insurers to issue policies to cover the risk de Safety required of vehicles as stipulated in this law, but when they so decide, said policies must contain the following minimum coverages, which will be subject to the minimum limits that will be indicated in accordance with the same:
a) DAMAGES TO PROPERTY FROM THIRD PARTIES, that is, any hurt physical, destruction or pérdida of a thing tangible your property Of third parties.
b) INJURIES CORPORAL DAMAGES TO THIRD PARTIES, that is, any loss of physical or mental integrity impairment health, including the death that would result in any period de tiempo, suffered by human beings as third parties.
Paragraph: This coverage includes third parties who are being transported as passengers in the vehicle. insured, as long as saying vehicle has been designed and authorized legally
for the transport of passengers. The extension of this coverage to passengers will be limited to the number of people indicated in the vehicle manufacturer's specifications, without in any case /// the sum to pay may be higher than the limit indicated in the declarations of the policy, regardless of the number of persons and claims arising from a single cause en relationship with the vehicle(s) insured (s). As a consequence of what is stated in the previous paragraph, in /// of any occurrence accident As long as the vehicle carries more than the number of passengers specified in the manufacturer's specifications, excluding the driver, the maximum sum of compensation pointed out in the statements of the policy will be prorated among all occupants.
Article 120.- When the vehicle insured Whether it is a truck, van or other vehicle not normally intended for the transport of people, passengers shall be understood as those persons who travel only within the cabin of the vehicle(s) and in a manner occasional
Article 121.- Under the Safety required de responsibility civil of motor vehicles and trailers Insurer further undertakes to:
a) Defend the insured when required to do so by the same or has been put in cause for third harmed, against any demand en damages initiated against him, for injury bodily injuries caused to third parties or damage to the your property Of third parties.
b) Pay all the costas that correspond to the insured , the result a litigation and all legal interest accrued after it was issued sentences that is enforceable against him, until the company has paid or offered or deposited the part of the sentences that does not exceed the limit of responsibility of the policy with respect to them.
c) Pay proportionally to the limit of the policy All premiums on bonds to lift liens for an amount not exceeding Most of the applicable limit of responsibility of the policy, but without any legal obligation to request or provide such bonds.
Article 122.- The mandatory minimum coverages established in this chapter are subject to the provisions on the contract of insurance indicated in this law and the following conditions:
to the insured immediately send to the office of Insurer el record police, as well as any citation, notification or another Valid identity document that is produced or received above all accident related to the vehicle or trailer insured.
b) The Insurer will have the right to contend in claims filed by third parties against the insured, will defend it and/or settle when it deems appropriate, obliging the driver and/or the insured to attend all hearings for which it is necessary legally cited, already grant the necessary powers in favor of the Insurer or person or people who company I designate, so that in its name the actions that the Insurer deems appropriate.
c) The insured will not voluntarily assume responsibility by accident any and no loss arising from the responsibility voluntarily assumed by the insured shall be enforceable against Insurer.
of the Insurer accept the Safety, contracts the responsibility of this and sets the premium on the basis of the statements and descriptions made by the insured, of which saying insured is solely and exclusively responsible. insured must not omit any circumstance relating to the risks, nor may claim after the Sinister against or outside the policy statements.
Article 123.- In the Safety required established by this chapter of this law, only the following will be admitted as an exclusion: responsibility civil that is the consequence of intentional acts of the driver and/or insured.
Paragraph.- The other exclusions that appear in the text of the policy, are not enforceable against third parties, but they empower the Insurer to appeal against the insured en lack.
Article 124.- El Safety required of motor vehicles established in this chapter covers the responsibility civil from the subscriber of the policy; of the owner of the vehicle; as well as the person that you have, with your authorization, the custody or driving that vehicle
Article 125.- For the purposes of this law It is presumed that:
La person who drives a motor vehicle or trailer insured He does it with the express authorization from the subscriber of the policy or of owner vehicle insured.
The subscriber of the policy or owner vehicle insured is the client of the person who drives it and is therefore civilly liable for any damage caused by that vehicle.
Paragraph .- The two previous presumptions admit the experiment On the contrary, for which it must be proven that the motor vehicle or trailer had been stolen, sold or otherwise crafts transferred, provided that it is proven by documents with certain dates, any of those circumstances.
Article 126.- The minimum limits of responsibility, will be set by resolution motivated by the Superintendency, for which the following will be taken into account account, the type of vehicle, capacity, axes, use, market accident rate and all technical considerations of use común in this type de Safety.
Article 127.- Insurers who so wish may, at the request of the interested party, subscribe to limits greater than those that will be established as seen here this law and also include other coverages, the scope, limits, conditions and premium rates of which will be agreed upon by the parties.
Article 128. - The action civil derived from a accident of motor vehicle or trailer may be exercised in the crafts established by the article 3 del Code de Procedure Criminal. Without embargo, in no way /// when said action be exercised accessory to the action publishes, the sentences that intervene may be ordered enforceable provisionally, notwithstanding any resource that stands against her, nor in her appearance penal, nor in its appearance civil. As he Plazo for resource de appeal as for the resource de opposition When the latter proceeds, it will fully suspend right la execution of the sentences dictated.
Article 129.- Everything accident of motor vehicles or trailers is deemed to be a crime correctional and for its knowledge will be required competition established by the law on vehicle traffic.
Article 130.- Both the prescription of the action public as the prescription of the action civil will be governed by the article 455 del Code de Procedure Criminal from the when and where of the infringement, without to import against whom these actions are directed. Without embargowhen the Insurer exercise a action en subrogation derived from a accident of motor vehicles or trailers, the point of game of the Plazo for happiness action will start running from the moment this is done paid as a result of which this arises action en subrogation.
Article 131.- When the Insurer of the vehicle or trailer cause of the accident has been put in cause to be held accountable for the damages caused, resources (ordinary or extraordinary) that the defendant may file as the insured, will benefit that Insurer and the sentences that intervenes cannot be executed until the decision is known. resource in question. Likewise, the resource filed by the Insurer es suspensive of the execution of the sentences against the warned and the insured, even if they have not appealed it.
Article 132.- El Insurer will only be obliged to make payments with cargo to policy, when notified of a sentences judicial with authority of the thing irrevocably judged to condemn the insured to compensation by injury or damage caused by the motor vehicle or trailer involved in the accident and by the costas duly liquidated judicial proceedings, and always with the condition that him Insurer has been put in cause through act de sheriff at the proceedings that would have given rise to the sentences by insured or by injured third parties.
Paragraph .- The Insurer will have quality for plead en Justice everything that tends to reduce the amount of damages claimed, as well as the non-existence of the responsibility of the insured or the non-existence of its own responsibility.
Article 133.- When the sentences dictated by the courts has been in default With respect to some of the parties, no appeal may be made in opposition nor in First instance nor to the degree of appeal, as long as it has been put in cause el Insurer.
Article 134.- The condemnations pronounced by a sentences They can only be declared enforceable against Insurer, within the limits of the policy, but can never haber a direct condemnation against the Insurer, except for /// that it is considered that he has acted in his own and unique interest, as when he denies the existence of the policy, its limits or simply deny that the risk is covered. In none of these cases the sentences against Insurer may exceed the limits of the policy.
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