GENERAL TERMS AND CONDITIONS

SUBJECT OF INSURANCE

The subject of this contract is the insurance of the liability of the driver of a motor vehicle for damages that the driver may cause to third parties through the use of the vehicle, as a result of the driver’s culpable actions or omissions, in accordance with Law No. 32/2021, dated 16.03.2021, “On Compulsory Insurance in the Transport Sector”.

This insurance contract is valid for a period of one year and covers the insured person’s liability towards third parties for damages occurring exclusively within the territory of the Republic of Albania.

GENERAL PROVISIONS

1. Pursuant to Law No. 32/2021 and within the established limits, this contract covers property damage and personal injury, calculated in accordance with the Regulation of the Financial Supervisory Authority issued pursuant to Article 11 of this Law. Property damage refers to damage suffered as a result of the impairment or destruction of property, while personal injury refers to damage resulting from death, bodily injury, or deterioration of health suffered by the injured party or their relatives. This includes pecuniary and non-pecuniary damage. Personal belongings and items of ordinary use which, by their nature, are carried by persons being transported are covered by this contract.

2. Motor vehicle liability insurance does not cover damage to goods that the holder of the vehicle responsible for the accident has undertaken to transport and which are present in the vehicle at the time of the accident.

3. The liability of the motor vehicle owner applies to damages caused by both the towing vehicle and the towed vehicle.

4. The insurance contract also covers personal injury and property damage that may be caused to pedestrians, cyclists, and users of non-motorized vehicles travelling on the road.

5. The insurance company is obliged to provide the insured person with the European Accident Statement, in the form approved by the Authority, together with the insurance policy.

6. In all cases where a motor vehicle is made available for use by a person whose name is not listed in the insurance policy, the vehicle owner must notify the insurance company that issued the policy. The insurance company shall calculate the applicable insurance premium in cases where the bonus-malus system applies.

7. The rights and obligations arising from the insurance contract, when ownership of the vehicle changes during the insurance period, shall transfer to the new owner and remain valid until the expiry of the insurance contract. The new owner is obliged to notify the insurance company of the change of vehicle ownership within 15 (fifteen) calendar days and ensure that this change is reflected in the insurance contract.

8. The limitation period for an injured third party to claim compensation from the insurance company is 2 years from the date of the accident, pursuant to Article 115, letter ç), of the Civil Code of the Republic of Albania.

EXCLUSIONS FROM INSURANCE COVERAGE AND COMPENSATION

9. The following persons are not entitled to benefits under this insurance contract:

1. The driver of the vehicle responsible for the accident, including their legal heirs and relatives, in respect of damages suffered by that driver;
2. Any passenger who voluntarily travels in the motor vehicle responsible for the accident, driven by an unauthorized driver, where it is proven that the passenger was aware of these circumstances;
3. Any passenger who voluntarily travels in an uninsured vehicle responsible for the accident, where it is proven that the passenger was aware of this circumstance;
4. A person who has unlawfully appropriated a motor vehicle and is injured while using that vehicle;
5. An injured person in the following circumstances:
   1. As a result of the use of a vehicle in sporting events on roads or sections of roads where driving is not permitted, for the purpose of achieving relatively high speeds or training for competitions;
   2. As a result of the effects of nuclear energy during the transportation of radioactive materials;
   3. As a result of acts of war, riots, or terrorist acts, provided that the insurance company proves that the damage was caused by such events.
6. The driver does not use the vehicle in accordance with the purpose for which it is intended;
7. The driver does not hold a valid driving licence for the relevant category or type of motor vehicle, except when the vehicle is being used during driving lessons by a learner driver in accordance with all applicable driving instruction rules;
8. The driver’s licence has been suspended, the driver has been prohibited from driving the relevant type or category of vehicle, or the driver has been prohibited from using a driving licence issued by another country within the territory of the Republic of Albania;
9. The driver operates the motor vehicle under the influence of alcohol exceeding the permitted limit, or under the influence of narcotic or psychoactive substances;
10. The driver intentionally causes the damage;
11. The accident occurs due to technical defects in the vehicle of which the driver was aware.

The loss of rights arising from insurance, as specified in letters “f” through “k”, does not restrict the rights of third parties to submit a claim for compensation to the responsible insurer. The insurer has the right to recover the full amount paid for damages, interest, and expenses from the person responsible for the damages.

OTHER PROVISIONS

10. The injured party is obliged to notify the responsible insurance company of the insured event immediately and as soon as possible.

11. The injured party shall submit a claim for compensation directly to their own insurance company where the party responsible for the accident is uninsured or unidentified, for any damage caused to their property or health.

12. The insurance company shall process the compensation claim and notify the injured party of the amount of compensation or the rejection of the compensation claim within the following periods:

• For personal injury: within 90 (ninety) calendar days from the date of submission of the compensation claim.
• For property damage exceeding 100,000 (one hundred thousand) lek: within 30 (thirty) calendar days from the date of submission of the compensation claim.

Payment, following the assessment of the claim and the signing of the declaration accepting compensation, shall be made within 14 (fourteen) calendar days.

For property damage of up to 100,000 (one hundred thousand) lek, the assessment and payment of compensation shall be completed within 14 (fourteen) calendar days from the date of submission of the compensation claim.

13. Pursuant to Article 9 and Article 10, paragraph 10, of Law No. 32/2021, dated 16.03.2021, “On Compulsory Insurance in the Transport Sector”, following the assessment and receipt of a response from the insurance company/Bureau, an injured party who has further claims may bring a civil action before the court.

14. Drivers of vehicles involved in a road accident resulting in property damage of up to 30,000 (thirty thousand) lek must, if they agree, complete, sign, and exchange the European Accident Statement, without the need to obtain an official report recording the violation from the Traffic Police.

For property damage of up to 30,000 (thirty thousand) lek, only where the drivers involved in the accident do not agree, and for all property damage exceeding this amount, an official report recording the violation must be obtained from the Traffic Police.

15. Pursuant to Law No. 32/2021, dated 16.03.2021, “On Compulsory Insurance in the Transport Sector”, the minimum liability limit covered by the insurance contract upon the entry into force of the Law is determined in Article 25 of that Law.

For contracts concluded from 01.01.2022 until 31.12.2026, the limit for damages caused by other vehicles, including unidentified vehicles, shall increase by 4,000,000 (four million) lek each year, while the limit for each injured person in an insured event shall increase by 2,000,000 (two million) lek each year.

16. The personal data collected through this contract (name of the compulsory insurance policy) shall be used for the administration of the insurance contract and for the provision of services to the insured person and beneficiary, including the handling of claims, pursuant to Law No. 32/2021, dated 16.03.2021, “On Compulsory Insurance in the Transport Sector”.

The insurance company (name of the company) transfers personal data to third parties for insurance or business purposes in accordance with the provisions of the law.

Regarding the personal data collected and its processing, the customer has the right to exercise the right of access and other rights provided for under Law No. 9887, dated 10.03.2008, “On the Protection of Personal Data” (as amended).

Verify your TPL insurance policy in the Online Electronic Register of Compulsory Motor Insurance Sales on the website of the Financial Supervisory Authority at www.amf.gov.al or by contacting .

IutePay SHPK acts as an insurance agent for non-life insurance classes, pursuant to Decision No. 131, dated 31.07.2024, of the Board of the Financial Supervisory Authority.