European Accident Report may be used as request for claim
Podgorica, 18.1.2013.
Due to different interpretations of the Compulsory Insurance Law and potential problems in daily implementation of European Accident Report which may lead to certain misunderstandings and doubts Association National Bureau of Montenegro Insurers (NBOCG) specifically for clarification informs of the following:
The Article 28 of the Compulsory Insurance Law, among other, defines:
“European Accident Report is filled in by participants in the accident with no injuries sustained, in case of only material damages to vehicles. Vehicles may therefore, regularly continue circulating, provided participants agree on circumstances of the accident.
Victim may use European Accident Report as request for claims against liable Insurance Company.”
Therefore, in any other case, if there are injured victims, if vehicle cannot circulate further or participants cannot agree on circumstances of the accident, it is necessary to call Police to do report. Only then will the request for claim be properly supported.
We remind the public that, pursuant to the Compulsory Insurance Law, in case of accident with no injured victims and vehicle may circulate further and participants agree on circumstances, each driver is obliged to conscientiously fill in European Accident Report and enclose it with request for claim against Insurance Company. The European Accident Report is issued with the form and manual how to fill in statements of fact and the report itself, consisting of clear and precise instructions and answers to question: “What to do in case of accident.”
We furthermore remind the public that Insurance Company is obliged to issue European Accident Report with insurance policy and insured is obliged to keep it in his/hers vehicle and present it to authorized person at request. Competent authorities should adopt necessary Manuals for implementation of this Law.
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Compulsory insurance of owners or users of motor and auxiliary vehicles for liability against third parties