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Not an official translation
Regulation No. (32) of 2001
Civil Liability Compulsory Motor Insurance Regulation
Issued pursuant to Articles (99) and (108) of the Insurance
Regulatory Act No. (33) of 1999
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Regulation No. (32) of
2001
Civil Liability
Compulsory
Motor Insurance
Regulation
Issued pursuant to
Articles (99) and (108)*
of the Insurance
Regulatory Act No. (33) of 1999**
Article (1):
This Regulation shall
be known as the (Civil Liability Compulsory Motor Insurance
Regulation of 2001)
and shall come into force as of the date determined by the
Council of
Ministers.***
Definitions
Article (2):
The following words
and phrases wherever mentioned in this Regulation, shall
have
the meanings ascribed
thereto hereunder, unless otherwise indicated by context:-
Board
: The Board of
Directors of the Insurance Commission.****
Director General
: The
Director General of the Insurance Commission.****
Motor
: As defined in the Traffic Act in
force.
Accident
: Any occurrence
causing damages to a third party arising
from the use of the
Motor, explosion, burning, scattering
of parts or falling
therefrom.
Damage
: The death or any
bodily injury caused to a third party or
any moral damage
arising therefrom, and the loss or
damage of the third
party property caused by an Accident
arising from the usage
of the Motor.
Third Party
: Any person;
except the Insured or the driver of the Motor,
exposed to the Damage
caused by an Accident arising
from the use of the
Motor.
Article (3):
For the purpose of
this Regulation the phrase (compulsory insurance) means the
insurance of civil
liability arising from the use of the Motors.
Compulsory Insurance
Article (4):
A- All Motors,
including non-Jordanian Motors entering the Kingdom or
passing
through by transit,
shall be subject to the provisions of this Regulation. For
this purpose, the
international agreements ratified by the Kingdom, including
the compulsory
insurance agreements, shall be adopted.
* Articles (72) and
(77) of the original Act have been renumbered to become
Articles (99) and (108)
respectively,
according to Articles (33) and (37) of the Temporary Act No.
(67) of 2002, known as the
Act Amending the
Insurance Supervision Act, published in the Official Gazette
number (4572) dated
17/11/2002 page
(5482).
** The title of the
Act has been amended according to Article (2) of the
Temporary Act No. (67) of 2002.
*** This Article has
been amended according to Article (2) of the Regulation No.
(51) of 2001 the
Regulation Amending
the Compulsory Civil Liability Motor Insurance Regulation,
published in the
Official Gazette
number (4499) dated 30/7/ 2001.
**** The title of the
Commission has been amended according to Article (3) of the
Temporary Act No. (67) of
2002.
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B- Motors that are
subject to other legislation or procedures in respect of
registration and
licensing shall be excluded from the provisions of this
Regulation.
Article (5):
An insurance company
licensed to transact the Motors liability insurance class
shall
not be permitted to
refuse insuring a Motor, pursuant to the provisions of this
Regulation, if the
conditions stipulated in the Traffic Act in force are
fulfilled,
otherwise the
insurance company shall be liable according to the Insurance
Regulatory Act in
force.*
Article (6):
The insurance company
shall issue the compulsory Insurance Policy according to the
form designed pursuant
to the provisions of this Regulation which shall be issued
by
the Director General.
Article (7):
A- The compulsory
insurance premiums and any increase thereon required by the
information registered
in the traffic register of the Insured or the driver, shall
be determined
according to bases to be incorporated in the Instructions to
be
issued by the Council
of Ministers upon the recommendation of the Board
which shall be based
upon the recommendation of the Director General.
B- The Traffic
Directorate must provide the insurance company, upon the
request
of the latter, with
the Traffic Register information mentioned in paragraph (A)
of this Article.
Article (8):
Neither the insurance
company nor the Insured shall be permitted to cancel the
compulsory insurance
contract of the Motor if the registration of the Motor is
still
valid, unless replaced
by another compulsory insurance contract. Upon cancellation
of
the compulsory
insurance contract the Insured shall be entitled to recover
from the
insurance company a
proportion of the insurance premium for the remaining period
of
the insurance
contract, unless the Insured caused an Accident during the
insurance
period.
Article (9):
The compulsory
insurance contract shall be considered automatically
cancelled if the
Motor was totally
damaged, provided that the Motor registration is cancelled
by a
report to be issued by
the Motors Licensing Directorate proving that the Motor is
inappropriate for use.
Upon the cancellation of the compulsory insurance contract,
the
Insured shall be
entitled to recover from the insurance company a proportion
of the
insurance premium for
the remaining period of the insurance contract, unless the
Insured caused an
Accident during the insurance period.
Civil Liability
Article (10):
Subject to the
provisions of Article (12) of this Regulation, the insurance
company
shall indemnify the
Third Party of any amounts the Insured shall be liable to
pay as
compensation for the
Damage. The liability of the insurance company for
* The title
of the Act has been amended according to Article (2) of the
Temporary Act No. (67) of 2002.
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compensation shall be
determined pursuant to Instructions issued by the Council of
Ministers upon the
recommendation of the Board.
Article (11):
For purposes of this
Regulation, any person authorized by the Insured to drive
the
Motor shall be
considered as the Insured.
Article (12):
The insurance company
shall not be liable, according to the provisions of this
Regulation, in respect
of the following:-
A- The Damage to the
Insured, the Motor of the Insured, or the driver while
driving the Motor.
B- The Damage to the
Third Party arising from the use of the Motor in a local or
international
organized motor racing or in Motors endurance tests.
C- The Damage to
passengers in the Motor of the Insured as a result of using
the
Motor in instructed
driving for which purpose the motor was not licensed.
D- The Damage or loss
of the goods of the Third Party carried by the Motor of
the Insured in
consideration.
E- The Damage to the
Third Party arising from an Accident resulting from
floods, heavy weather,
storms, hurricanes, volcanic eruptions, earthquakes,
landslide and any
other natural risks or war, warlike operations, civil war,
insurrection, armed
rebellion, revolution, usurp of power or nuclear energy
risks.
F- The Damage arising
from the special use Motor, as defined in the Traffic Act
in force, if used for
the special purposes it is designed for.
Claim and Compensation
Article (13):
A- The Insured or the
driver shall notify the insurance company, within an
acceptable period of
the accident caused by the Motor which the Damage
resulted from. The
Insured or the driver shall take all the precautions and the
necessary procedures
to avoid the aggravation or increase of the Damage
without prejudice to
the Third Party right in notifying.
B- The Insured shall
provide the insurance company with all the documents
related to the
Accident immediately upon receiving such documents,
including
correspondences,
claims, summons and notifications. If the Insured failed to
do so the insurance
company shall be entitled to claim for Damages sustained
thereby due to that
failure, unless such delay was justifiable.
C- Notwithstanding
what is stated in the provisions of paragraphs (A) and (B)
of
this Article, the
insurance company shall not be permitted to refuse the Third
Party claim for
compensation, pleading the delay in notifying of the
Accident.
Article (14):
The authority
concerned shall include in the report of the Accident all
the information
stipulated in the
registration license of the Motor.
Article (15):
A- The insurance
company, the Insured and the Driver shall be considered
jointly
liable for the Damage
sustained by the Third Party according to the provisions
of Article (10) of
this Regulation.
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B- The Insured and the
Driver shall be considered jointly liable for any amounts
decided upon exceeding
the liability limits of the insurance company
according to the
provisions of Article (10) of this Regulation.
Article (16):
Any settlement between
the Insured and the damaged Third Party shall not be
considered binding for
the insurance company unless approved thereby in writing.
Article (17):
Subject to the
provisions of Article (12) of this Regulation, the damaged
Third Party
shall be entitled to
directly claim from the insurance company the compensation
for
the Damages sustained
thereby according to the provisions of Article (10) of this
Regulation, and shall
not be subject to the defense to be made by the insurance
company against the
Insured.
Cases of Recourse
Article (18):
A- The insurance
company shall have the right to recourse from the Insured
and
the Driver to recover
the compensation paid to the Third Party, in any of the
following cases:-
1- If the driver, at
the time of the Accident, was not holding a driving license
for the type of the
driven Motor, if the license was permanently cancelled,
or if it was suspended
for a period during which the driver was not
permitted to drive.
2- If the Driver, at
the time of the Accident, was unable to control driving the
Motor in the ordinary
manner expected from an ordinary person due to his
fall under the
influence of intoxicants, narcotics, or a medical drug.
3- If the Accident
occurred while using the Motor for purposes other than
what it is licensed
for.
4- If the Motor was
used in such a manner which leads to increase the risk
due to the violation
of the traffic legislation in force, or if the Motor was
used for purposes
contrary to the Act or the public order, provided that
such violation was the
proximate cause of the Accident.
5- If the Accident
occurred during or due to the use of Motor in instructing
driving, for which the
Motor was not licensed for.
B- The insurance
company shall have the right to recourse from the person
causing the Damage to
recover the compensation paid thereby to the Third
Party, in either of
the following cases :-
1- If it was proved
that the Accident was intentional by the driver.
2- If the Damage was a
result of an Accident caused by a stolen or a usurped
Motor.
General Provisions
Article (19):
For purposes of this
Regulation:-
A- The legal action by
the Insured or the Third Party for compensation shall be
prescribed by the
expiration of three years, commencing from the date of the
occurrence which gave
rise to such a claim, or from the date the interested
party has known of
such an occurrence.
B- The rights of the
Insured and of the insurance company, arising from the
Accident, claiming for
such rights shall expire upon the completion of three
5
years commencing from
the date on which the liability of either party was
established by virtue
of the provisions of this Regulation.
Article (20):
Upon the
recommendation of the Director General, the Board shall
issue the
Instructions necessary
for implementing the provisions of this Regulation, and the
Director General shall
issue the Decisions necessary for this purpose.
Article (21):
The Compulsory
Insurance Regulation No. (29) of 1985, the Instructions and
Decisions issued by
virtue thereof are hereby revoked, provided that the
compulsory
insurance contracts
issued before this Regulation came into force, shall remain
valid
until expired.
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