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Relevant Documents for the Application of the Compulsory Automobile Liability Insurance Benefits
Promulgated on July 11, 2005
No. Financial-Supervisory-Insurance-IV-09402562221
Subject: Announcement for "The Relevant Documents for the Application of the Compulsory Automobile Liability Insurance Benefits".
Foundation: Paragraph 2 of Article 25 in the Compulsory Automobile Liability Insurance Act and Paragraph 3 of Article 157 in the Administrative Procedure Act.
Content:
1. When the claimant is a domestic person:
(1) In application for insurance benefits against the insurer in accordance with the Compulsory Automobile Liability Insurance Act (hereinafter referred to as "this Act"), the claimant shall submit the original copy of the following documents:
a. Personal injury medical expense benefits
(a) Claim form (provided by the Insurer)
(b) Identification of the Claimant
(c) Documents certifying the intervention of civilian or military police authorities or other related documents
(d) Diagnosis issued by a qualified physician and related information in medical record if needed.
(e) Receipts for medical expenses from qualified medical institution, or copies with both a stamp certifying the identity to the original ones and the
receiptspecialized seal of the medical institution.
(f) Signed agreement to the inspection of medical record
b. disability benefits
(a) Claim form (provided by the Insurer)
(b) Identification of the Claimant
(c) Documents certifying the intervention of civilian or military police authorities or other related documents
(d) Diagnosis issued by a medical institution or physician that, pursuant to the Payment Standards, is qualified in determining the disability level, as well as the x-ray and related medical record if needed. In case of off-shore islands without the aforementioned institutions, "A" class diagnosis from a qualified physcian is also acceptable.
(e) Signed agreement to physical re-examination.
Whenever a disability level is questioned by the insurer, the insurer may, at its own expense, either request the Injured Party to provide "A" class diagnosis, or demand a re-examination and confirmation by a regional teaching hospital or superior hospital which is legally qualified and announced by the Department of Health.
c. Death Benefits
(a) Claim form (provided by the Insurer)
(b) Identification of the Claimant
(c) Documents certifying the intervention of civilian or military police authorities or other related documents
(d) Death certificate issued by qualified physician or autopsy report, and related medical record if needed.
(e) The whole household registry certificate requested by the Claimant after the death of the Injured Party.
d. The claimant shall submit the evidence documents as required in Paragraph c when the claimant ask for a temporary death benefit in the amount of one half of insurance benefit subject to Paragraph 1 of Article 35; the evidence documents need to be submitted shall be as required in Paragraph b if the temporary disability benefit is payable.
e. When, upon the death of an injured party, there are no claimant as provided in subparagraph 2, paragraph 1 of Article 11 in this Act, the person paying for the funeral and interment expenses shall, in addition to (a)(b)(c) and (d) in Paragraph c, submit the certificates required as in the "Items and Amounts Payable for Funeral and Interment Expenses" announced by the competent authority in this Act.
f. When asking the insurer for the payment subject to Paragraph 2 of Article 31 in this Act, the Insured shall provide a evidence sufficient to prove the payment in advance.
(2) In application for compensation subject to Article 40 of this Act against the Automobile Traffic Accident Special Compensation Fund (hereinafter referred to as "the Special Compensation Fund"), the claimant shall submit the original copy of the following documents:
a. Personal injury medical expense benefits
(a) Claim form (provided by "the Special Compensation Fund")
(b) Identification of the Claimant
(c) Documents certifying the intervention of civilian or military police authorities or other related documents
(d) Diagnosis issued by a qualified physician and related information in medical record if needed.
(e) Receipts for medical expenses from qualified medical institution, or copies with both a stamp certifying the identity to the original ones and the
receiptspecialized seal of the medical institution.
(f) Signed agreement to the inspection of medical record (provided by "the Special Compensation Fund")
(g) No payment from the one liable for the damages (provided by "the Special Compensation Fund").
(h) Receipt of Automobile Traffic Accident Special Compensation Fund and the notice of executing the right of subrogation (provided by "the Special Compensation Fund").
(i) Court verdict, compromise or conciliation deposition, or copy of compromise or conciliation record if decided in any civil or criminal procedure, compromised or conciliated in the mediation committee in villages, towns and cities.
(j) Any evidence or documents useful for subrogation and recovery.
b. disability benefits
(a) Claim form (provided by "the Special Compensation Fund")
(b) Identification of the Claimant
(c) Documents certifying the intervention of civilian or military police authorities or other related documents
(d) Diagnosis issued by a medical institution or physician that, pursuant to the Payment Standards, is qualified in determining the disability level, as well as the x-ray and related medical record if needed. In case of off-shore islands without the aforementioned institutions, "A" class diagnosis from a qualified physician is also acceptable.
(e) Signed agreement to physical re-examination (provided by "the Special Compensation Fund").
(f) No payment from the one liable for the damages (provided by "the Special Compensation Fund").
(g) Receipt of Automobile Traffic Accident Special Compensation Fund and the notice of executing the right of subrogation (provided by "the Special Compensation Fund").
(h) Court verdict, compromise or conciliation deposition, or copy of compromise or conciliation record if decided in any civil or criminal procedure, compromised or conciliated in the mediation committee in villages, towns and cities.
(i) Any evidence or documents useful for subrogation and recovery.
c. Death Benefits
(a) Claim form (provided by "the Special Compensation Fund")
(b) Identification of the Claimant
(c) Documents certifying the intervention of civilian or military police authorities or other related documents
(d) Death certificate issued by qualified physician or autopsy report, and related medical record if needed.
(e) The whole household registry ed certificate requested by the Claimant after the death of the Injured Party.
(f) No payment from the one liable for the damages (provided by "the Special Compensation Fund").
(g) Receipt of Automobile Traffic Accident Special Compensation Fund and the notice of executing the right of subrogation (provided by "the Special Compensation Fund").
(h) Court verdict, compromise or conciliation deposition, or copy of compromise or conciliation record if decided in any civil or criminal procedure, compromised or conciliated in the mediation committee in villages, towns and cities.
(i) Any evidence or documents useful for subrogation and recovery.
(3) In the request of the insurer and the Special Compensation Fund joint and severally liable for the insurance benefits subject to Subparagraph 3, Paragraph 1 of Article 36 of this Act, in addition to the documents listed in (1) & (2), the claimant shall provide the proof of payment if he or she receives any damages from the one liable for it.
2. When the claimant is a person from Mainland China, Hong Kong, Macau or a foreigner, in addition to the aforesaid documents, the claimant shall submit the original copy of verified documents as follows or a duplicate copy stamped by the verification agency:
(1) A person from Mainland China:
a. Evidence of kinship between the Injured Party and respective Claimants. (waived if the spouse in Mainland China is listed in the whole household registry certificate)
b. A power of attorney. (if any)
The aforesaid documents made in Mainland China should be notarized by the local Taiwan Affair Office, and then, pursuant to the Guidelines for Agreement on the Usage of Notarization Cross the Strait, shall be submitted to the Straits Exchange Foundation for certification.
(2) A person from Hong Kong, Macau or a foreigner:
a. Evidence of kinship between the Injured Party and respective Claimants.
b. A power of attorney. (if any)
The aforesaid documents made outside the Republic of China should be authenticated(certificated) by the R.O.C. institution in Hong Kong or Macau, embassy, representative offices, trade offices located in foreign countries or other agencies authorized by the Ministry of Foreign Affairs (hereinafter collectively referred to as "the Offices in Foreign Countries"). If the document is written in a language other than English, it should be accompanied with a Chinese translation authenticated by the Offices in Foreign Countries or a R.O.C. notary public.
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