Regulations on alcohol concentration threshold that causes accidents can still be insured
Decree 67/2023/ND-CP, effective from September 6, 2023, has "open" regulations on insurance compensation for drivers causing accidents with alcohol concentration.
Lawyer Nguyen Thi Tinh - Deputy Head of Tinh Hoa Viet Law Office said that point d, clause 2, Article 7, Decree 67/2023/ND-CP stipulates the cases of exclusion of insurance liability of insurance enterprises as follows:
The insurance company is not responsible for insurance compensation in the following cases: Damage to property caused by the driver operating a motor vehicle with a blood or breath alcohol concentration exceeding the normal value according to the instructions of the Ministry of Health; use of drugs and stimulants prohibited by law.
According to Decision 320/QD-BYT dated January 23, 2014 of the Minister of Health guiding the technical process of biochemistry, the normal value of alcohol concentration is < 10.9 mmol/L.
Lawyer Nguyen Thi Tinh analyzed that, according to current regulations, not all drivers who cause accidents with alcohol concentration are excluded from insurance. Only in cases where the driver causes a traffic accident that causes property damage to a third party due to blood or breath alcohol concentration of 10.9 mmol/L or higher will the insurance company not compensate.
“In the case of a driver causing an accident with an alcohol concentration of <10.9 mmol/L, this will not be an exclusion from insurance. Because this is a normal value according to the instructions of the Ministry of Health. This regulation aims to protect the rights and legitimate interests of motor vehicle insurance participants. At the same time, the regulation is also stricter for insurance companies, avoiding evasion of compensation responsibility," emphasized Lawyer Nguyen Thi Tinh.
