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Chapter Law Content

Title: Compulsory Automobile Liability Insurance Act CH
Category: Financial Supervisory Commission(金融監督管理委員會)
Chapter 2 Insurance Contract
Section 2 Coverage of Insurance
Article 25
(Payment of Insurance Benefits)
Upon the occurrence of an automobile traffic accident involving an insured automobile, an insurer shall be liable for payment of insurance benefits to claimants as provided herein.
An insurer shall pay insurance benefits within 10 working days from the day after all relevant evidentiary documents have been submitted by the insured or a claimant; the content of those evidentiary documents shall be prescribed and announced by the competent authority in consultation with related agencies or organizations.
If, for reasons attributable to itself, the insurer fails to make payment within the time limit given in the preceding paragraph, it shall pay default interest at the rate of 10 percent per annum from the day after the time limit for payment has ended.
A claimant's right to claim insurance benefits as provided in paragraph 1 and insurance benefits not yet collected by a claimant may not be attached, assigned, or provided as security.
Article 26
(Policy Period of Insurance)
The policy period of this insurance shall be determined by the competent authority in conjunction with the central competent authority for transportation and communications on the basis of practical need.
Article 27
(Types and Amounts of Insurance Benefits)
Benefits payable under this insurance are:
1.personal injury medical expense benefits;
2.disability benefits;
3.death benefits.
Standards for the tiers, amounts, and approval procedures for the benefits referenced in the preceding paragraph shall be determined by the competent authority in conjunction with the central competent authority for transportation and com- munications based on actual social and economic conditions.
When the standards under the preceding paragraph are amended and an automobile traffic accident occurs after the date the amendment takes effect, the insurer shall handle insurance benefits in accordance with the amended provisions.
Article 28
(Conditions of Insurer not Liable for Insurance Benefits)
When an automobile traffic accident involving an insured automobile occurs as a result of either of the following behaviors on the part of an injured party or other claimant, an insurer is not liable for payment of insurance benefits:
1.Caused it through a deliberate act.
2.Caused it through a criminal act.
When there is more than one other claimant and a deliberate or criminal act has been committed, as referenced in the preceding paragraph, by one or more persons among them, the insurer shall deduct the portion payable to such person or persons and pay the remainder to other claimants.
Article 29
(Conditions for Insurer to Be Subrogated to the Claimant's Right of Claim against the Insured)
When an automobile traffic accident involving an insured automobile occurs as a result of any of the following behaviors on the part of an insured, the insurer shall still bear liability for payment of insurance benefits as provided herein, provided that the insurer may be subrogated to the claimant's right of claim against the insured, within the amount of benefits paid:
1.Was driving the automobile after ingesting alcohol or another similar substance and had a breath or blood alcohol concentration exceeding the standard set by any act or regulation governing road traffic.
2.Was driving after having taken intoxicants, hallucinogens, narcotics, or other similar controlled substances, as verified through a test.
3.Caused it through a deliberate act.
4.Was engaging in a criminal act or evading lawful arrest.
5.Was driving an automobile in violation of Article:21 or 21-1 of the Act Governing Management of Roadway Traffic and Administration of Sanctions.
An insurer's right of subrogation as referenced in the preceding paragraph shall be extinguished if not exercised within two years of the date on which the insurer pays insurance benefits.
Article 30
(Provisions Regarding an Insurer Subrogated to the Claimant's Right of Claim not to be Bound by a Settlement, Waiver of rights, or Other Agreement between a Claimant and an Insured)
An insurer shall not be bound by any settlement, waiver of rights, or other agreement between a claimant and an insured that was made without the consent of the insurer and would impede exercise of the insurer's right of subrogation to a claim by the claimant against the insured as referenced in the preceding article.