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Article 1 |
These Rules are stipulated in accordance with the provisions of Article 52 of the Compulsory Automobile Liability Insurance Act (hereinafter "this Act").
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Article 2 |
The competent authority may, for the purpose of calculating insurance premium or actuarial calculation of rate of the Compulsory Automobile Liability Insurance (hereinafter "this Insurance"), request relevant information with regard to the registered information, accident and violation record of the driver or of the vehicle from the central competent authority for transportation and communications as well as the central competent authority for police administration in accordance with Article 4 of this Act.
The collection, management or use of the aforementioned information may be delegated to professional institutions.
The Insurer may, for the purpose of calculating insurance premium, make inquiry about relevant information at the professional institution in the preceding paragraph, provided that the written consent from the Applicant is obtained.
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Article 3 |
The insurer of the National Health Insurance may recover from the Insurer of this Insurance, by subrogation, the personal injury medial expense benefit in accordance with Article 82 of the National Health Insurance Law within the balance of the total amount of personal injury medial expense benefit deducted by the amount payable to the Claimant.
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Article 4 |
The Insurer shall submit in advance relevant insurance application, insurance policy, insurance card and insurance sticker to the competent authority for approval; the same applies for any amendment.
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Article 5 |
The basis for calculating unearned premium provided in paragraph 5, Article 20 and paragraph 3, Article 21 of this Act is as follows:
1.If the policy period is less than one (1) year, the premium shall be calculated pro rata of the expiring days over the whole period of insurance using the original premium less both the Insurer's business expense and any expenses needed to ensure the soundness of this insurance in the very year.
2.If the policy period is one (1) year or more, the premium for the first year shall be calculated in accordance with the preceding subparagraph with the premium for the remaining years shall be fully refunded.
The Insurer is entitled to claim for returning the apportion allocated to the Property Insurance Stabilization Fund and the Motor Vehicle Accident Compensation Fund (hereinafter "Compensation Fund") respectively after the Insurer refunds the unearned premium provided above.
The dollar amount in the preceding paragraphs shall be rounded to the nearest NT dollar.
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Article 6 |
The "scrapped" prescribed in subparagraph 2, paragraph 2, Article 21 of this Act refers to the scrapped registered by the highway supervisory authority.
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Article 7 |
The Compensation Fund may identify the authenticity of whether an accident vehicle cannot be traced, which is prescribed in subparagraph 1, paragraph 1, Article 40 of this Act, by evaluating the following documents provided by the Claimant:
1.Accident related documents from the civilian or military police authorities.
2.Autopsy reports or petitions from prosecutorial organizations.
3.Other evidence and documents supporting that an accident vehicle cannot be traced.
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Article 8 |
The Insurer shall deposit, by the end of every month, to the bank account designated by the Compensation Fund the apportion of special compensation fund in the premium underwritten in the previous month; a notice should be given to the Compensation Fund for any delay of the above deposit. The delayed deposit shall still be made by the end of next month.
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Article 9 |
The enforcement entity for the penalty provided in subparagraph 1, paragraph 1, Article 49 of this Act is the highway supervisory authority.
If the penalty provided in paragraph 1, Article 49 of this Act is imposed on the owner of an automobile, the penalty will be executed by the highway supervisory authority at the registered location of the automobile; if the penalty is imposed on its user or manager, the penalty will be executed by the highway supervisory authority at the user's or manager's domicile.
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Article 10 |
The insurance card shall be placed in the automobile for inspection.
The driver of the automobile shall present the insurance card to the highway supervisory authority executing the roadside checks or the police authority engaging in traffic duties pursuant to paragraph 1, Article 50 of this Act.
The driver of the automobile failing to present the insurance card in accordance with the preceding paragraph shall be reported to the highway supervisory authority by the inspector via checking the column of insurance card on the violation notice of road traffic administrative matter or via other appropriate manner.
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Article 11 |
The highway supervisory authority, upon receiving the notice provided by paragraph 3 in the preceding Article, shall verify the name of the person or entity with duty to insure, license plate number, engine serial number or vehicle body number, insurance card number, policy period, the Insurer and other insurance information with the agencies (organizations) designated by the competent authority and central competent authority for transportation and communication in accordance with paragraph 2, Article 19 of this Act..
Should there be any discrepancy between the reported insurance information and the verified information prescribed above at the time the person with duty to insure arrives the designated place awaiting for the ruling after receiving the notice of this insurance accident, the highway supervisory authority may identify the existence of this insurance by reviewing the insurance card and evidence for insurance provided by the person with duty to insure; if it is unable to identify, the existence of this insurance shall be determined after verifying with the competent authority.
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Article 12 |
These Rules shall be implemented from the day of announcement.
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