Insurers may not reduce the period for notification

Practices reduce legal deadline to notify the insurer in case of accident and to inform the insurer before the establishment of bilateral finding, contrary to the imperative provisions of law and on that basis should not be allowed. This guidance is written in the Financial Supervision Commission in connection with the use of bilateral protocols. In complying with the law have been raised by some companies of the requirements for reporting on the insurer to conduct a view of the locale before the establishment of the protocol or to be present at the completion of the document, indicate in the instructions.

The purpose of the clarification issued by the surveillance is to unify the practice of using bilateral finding and uncertainties can be removed when it.
Protocol is completed when an accident caused only material damage, not prevent the movement of vehicles of its own means and do not fall within the scope of Art. 101, para. 3 ZDvP (setting out the case and damages, which do not allow movement of vehicles on its own motion). Even when DKP was done in the presence of non-movement in art. 101, para. 3 ZDvP, the insurer must accept it and to decide on the claim brought is specified in the instructions.
Accident when drivers show obvious signs of alcohol drunkenness, the other participant in the accident has a duty to alert the public competent authorities to establish the concentration of alcohol in order imposing a penalty on the Penal Code or an administrative penalty under the Road Traffic Act. In this case, bilateral finding does not compile.
If alcohol over limit of standards has not been established in a certain order, the insurer may not realize their right of recourse against the perpetrator of the accident.
Accident involving a vehicle registered in a country other than the Republic of Bulgaria must be visited by the authorities of the Ministry of Interior and protocol established by accident.
After the establishment of bilateral finding, participants in the accident by telephone notify the authorities of the Ministry of Interior.
Bilateral finding, such as recognition of the facts in no way affect the ability of the insurer to respond in the event and payment of compensation. The establishment of bilateral protkokol can not accept the conclusion of the Agreement. He agreed statement of facts and its conformity with reality can be verified by the insurer. Therefore, establishment of such a protocol does not require the consent of the insurer. When the accident was documented by bilateral finding, the insurer must take the claim to consider and to rule in legal terms to explain more of the FSC.
Also, the insurer may not require participants to notify the accident together. It can not assign the obligations of the injured driver of the vehicle (which is not insured by him) before it is a claim for compensation. Required by the insurer when the insured person to provide a joint notice, together with the injured person, represents the requirement of proof for the presentation of which there are legal obstacles, which is prohibited by the Insurance Code.
Provided field „victims“ in the report to the insurer shall not conflict with the requirement bilateral protocol to be drawn up only in material damage. In each Member State of the European Economic Area apply the same bilateral finding, it has made literal translation of the national language. About an accident on the territory of Bulgaria is not complete, but in other European countries it is permissible to draw up a bilateral protocol and in the presence of victims.

––––––––––––––––– ––––––––––

Finance