a. Definition and Legal Basis of Motor Insurance
In the Finance Minister Regulation ( PMK ) No. . 74/PMK.010/2007 in particular Article 1 ( 2 ) : " Motor Vehicle Insurance is a life insurance product that protects the insured from the risk of loss that may arise in connection with the ownership and use of motor vehicles . "
Motor Vehicle Insurance is part of the general insurance which covers loss or damage to the insured motor vehicle against the risk of collision , the evil deeds of others, theft , fire and lightning strike , according to the conditions stated in the Indonesian Motor Vehicle Policy . Broadly speaking , the type of coverage Vehicle Insurance is divided into 2 ( two ) that is divided into 2 ( two ) types : 1
1 . Comprehensive / All Risk ( Losses Combined ) provide a guarantee of :
a. Loss / damage to the insured motor vehicle collision , collisions , overturned , skidded off the road .
b . Financial loss / damage to motor vehicles due to the evil deeds of people except by their own families / people who work with the insured or the insured 's permission to bring such vehicles . bring the vehicle insured or the insured 's permission .
c . Fires caused by the fire that comes from within and from outside
Vehicle .
d . Theft , including theft with violence.
e . Lightning strikes .
Ronny Hanitijo Sumitra 1 , 1998, the Motor Vehicle Insurance , Ghalia Indonesia , Jakarta .
2 . Total Loss Only ( TLO ) ensure that the vehicle is insured losses either due to accident , fire , or theft , the loss of which comply with one of the following :
a. As a result of accident / fire , where the cost of loss / damage is 75 % or more of the price of the vehicle .
b . As a result of theft , if the time limit of 60 days the vehicle has not been
found .
c . Themselves to the risk of accident risk ( point 1 ) and theft ( item 2) apply
d . the amount listed in the policy .
Basic Law :
• Passenger Accident Insurance à Law no . 33 and 34 yr 1964
• à Social Security Law no . 3 yrs in 1992
• Insurance and Old Age Security Death PNS / Armed à Law no . 11 yrs know about Spending Retirement 1956 , Law no . 11/1969 Employee Pension and Retirement know about Widow / Widower Employees
• Health Insurance Presidential Decree 230/1968 KES to know about Maintenance & Peg State Pension Recipients civil + military and their family members
• Legal Basis Askes Candy Kes no. 1/1968 à forming Kes Maintenance Fund Administering Agency ( BPDPK )
• Regulation no . 22/1984 Maintenance Kes for civil servants , Pension Recipients ( civil , military and state officials ) and their family members
b . Various Risks In Motor Insurance
Along the development of more advanced age , the pattern of human thinking from time to time is always increasing . Effort for someone to be able to meet their needs vary , but in general they will struggle to be able to meet that need . Each person also has a different purpose to fulfill these needs , there is for survival , happiness , satisfaction even for prestige . The desire was offset by the need for someone to be able to live in peace , assured of their safety and their property without having to worry themselves with various p.2
The risks are not guaranteed to be stated clearly on the policy requirements , such as: loss of profits as long as the vehicle can not be used due to an accident ; losses due to fraud ; loss of or damage to any additional equipment or non- standard which is not mentioned in the summary of the policy ; due to the evil deeds done by the insured or the insured's family ; vehicle is used to learn to drive or race or carnival , or crime ; kelebihanmuatan ; the driver does not have a driver's license or violating traffic regulations ; cargo in the vehicle ; due to natural disasters or wars and sejenisnya.3
c . The process of claim filing and settlement of motor vehicle insurance
Claims for damages by the insured to the insurer is what is usually called the claim or in other words it can be said that the claim is a claim against the emergence of rights due to the insurance agreement has ended . The amount of cash compensation that must be paid by the insurer to the audience in terms of death of the insured according to the agreement set forth in the policy .
Motor Vehicle Claims Procedure The first action that must be done if the loss occurred as a result of an accident or loss
1 . You must report to us within a maximum period of 72 hours after the incident .
2 . You are not allowed to take any action prior to the approval of the Insurance Company .
It - Things to Do Provide data as below if reporting m
a. Insurance policy number
b . place of incident
c . Name of policy holder
d . losses objects
e . brand vehicles
f . Policy number, vehicle accident happens /
g . Date of loss events
Documents - Documents Necessary Claims
1 . You are required to complete and submit the document - the document as shown below each time you file a claim .
2 . Fill out the claim form ( form can be requested )
3 . Photocopy of the insurance policy
4 . Photocopy of driver's license and vehicle registration
5 . Certificate of the local police ( BAP ) to claim the vehicle if the loss of supplies standard / non- standard or loss of vehicle and also if your vehicle is heavily damaged or involving a third party .
Special claim total loss of the vehicle or Damage :
1 . Besides the document - the document above , you are requested to submit documents - Other documents like this if you make a claim loss of vehicle
a. original vehicle registration
b . Vehicle ignition min .
c . Police Investigation certificate Kadit
d . Original reg and invoices
e . Blank blank triplicate receipts
f . blocking vehicle registration
Special claims involving liability law against third party third party Liability ) . If you have an accident involving a loss on a third party ( WMT ) and you are required to replace the loss , then you must complete and submit a document - the document as follows :
1 . The local police certificate ( Interrogation )
2 . Photocopy of vehicle registration and driver's license from a third party
3 . Letter claims of third parties that signed on stamp duty
4 . Photo material losses from third parties
2 Tarsisi Tamudji , Insight Insurance , ( Semarang : Teachers' Training College Press , 1990)
3 Tarsisi Tamudji , Insight Insurance , ( Semarang : Teachers' Training College Press , 1990)
d . As well as the development of the Automotive Industry Premium Rate Determination in Indonesia
The number of motor vehicles in Indonesia since 1987 continues to grow . Based on BPS data , in 2009 the number of vehicles that exist in Indonesia reached 70.7 million units . This amount consisted of 18.2 million units of four-wheeled vehicles and 52.4 million units of two-wheelers . An increasing number of motor vehicles continue to occur . The data from the Indonesian Automotive Industry Association ( Gaikindo ) and the Indonesian Motorcycle Industry Association ( AISI ) showed that there were additional 8.1 million vehicles in 2010, consisting of 7.4 million two-wheelers and four -wheelers 764.7 thousand of various types . So that the vehicle population in 2010 amounted to 78.8 million units .
The number of vehicles in Indonesia in recent years continued to grow significantly . Data Organisation Internationale des Constructeurs d' Automobiles ( OICA ) showed in 2010 , the production of four-wheel vehicles in Indonesia rose by 51.1 % over the previous year . This condition puts Indonesia in second place after Thailand in terms of the production of four-wheel vehicles in the Asia Oceania region . Production of two-wheeled vehicles also showed significant growth . Based on BPS data , the number of two-wheelers in 2005 amounted to 28.5 million units . Production of two-wheeled vehicles in the same year as many as 5.1 million units . In 2009 the number of vehicles has increased 84 percent from the state in 2005 to 52.4 million units .
Vehicle production also increased significantly with the average growth during 2005 to 2010 by 12.8 percent annually . Growth in the production of motor vehicles have a positive effect on the growth of the general insurance company premiums . On the average , the growth of motor vehicle insurance premiums experiencing a rise of 20.1 percent per year . The highest growth occurred in 2008 at 28.3 percent and the lowest in 2009 at 7.8 percent .
e . Imposition Settings Motor Vehicle Insurance Premiums in Industry
Regulation on general insurance premiums stipulated in Article 20 , 21 and Article 22 of Government Regulation No. 73 of 1992 . Article 20 regulates the nature of the premium charged to the policyholder pemengang . The main properties of the premium according to the article is sufficient , not excessive , and not discriminatory . Article 21 governing the determination of premiums . This article requires companies to conduct a sound risk analysis in the determination of the value of the premiums charged . Article 22 regulates the manner of payment of premiums , deadlines and responsibilities of the premium payer .
Further regulation of the premium stated in article 19 of the Decree of the Minister of Finance number 422 / KMK.06/2003 dated 30 September 2003 concerning the Implementation of Insurance and Reinsurance Company . The article reiterated the use of reasonable assumptions and practices generally accepted in the insurance premium rate calculations .
Especially for a general insurance company , this section mandates two things to be considered in determining the premium rate , namely :
1 . Liability risk profile data usage for five years in the determination of the pure premium
2 . Consider factors loadin ie acquisition costs , administrative costs and other general expenses .
Furthermore, a special arrangement of motor vehicle insurance premiums Regulation of the Minister of Finance ( PMK ) No. . 74/PMK.010/2007 concerning the Implementation of Insurance on Motor Vehicle Insurance Business Line . These provisions provide guidance regarding the elements required in the determination of the pure premium , general and administrative expenses , acquisition costs and a reasonable profit . More settings contained in article 2, paragraph 2 as follows :
( 2 ) Determination of the premium rate referred to in paragraph ( 1 ) includes elements of pure premiums , other general and administrative expenses , acquisition costs , and profits , with the following conditions :
a. Determination of the elements of pure premium calculation is based were supported by data loss and risk profile (risk and loss profile ) for a minimum period of 5 ( five ) years ;
b . Determination of elements of administrative costs and other general expenses done by calculation supported by the data administration costs and other general expenses that are part of the Motor Vehicle Insurance business line for a minimum period of 5 ( five ) years ;
c . Determination of the cost element of acquisitions carried out in accordance with the terms of the acquisition costs as referred to in the Minister of Finance ; Determination of elements and a reasonable profit .
In addition to governing the determination of premium rates , these provisions also provide a reference rate that can be used by companies that do not have adequate data base in accordance with the provisions of Article 2 . Determination of tariff is divided into 6 categories of the sum insured , 2 ( two ) types of vehicles for the kind of coverage total lossonly ( TLO ) and the comprehensive insurance coverage
f . Expiration of Vehicle Insurance
Insurance agreement ends if:
a. The applicable time period is over
Insurance agreement is usually done for a certain period of time . The period of insurance specified in the policy . Commercial code does not expressly regulate the insurance period . If the specified time period expires, the insurance expires .
b . The journey ends
By trip insurance is generally held to transport insurance .
c . The occurrence of claims followed evenemen
In the policy stated that the insurer evenemen whatever was being held . If at the time the insurance runs occur evenemen borne and cause a loss , the insurer will investigate whether the insured has an interest in the insured 's . If true , then the settlement made by the insured claims . Payment of compensation is met by the insurer based on the principle of balance . With the fulfillment of a claim for damages based on the insured, the insurance expires .
d . Stopped or canceled insurance
Insurance may be terminated if the insurance stops . Cessation of insurance can be run as an agreement between the insured and the insurer . Cessation of insurance may also occur due to factors outside of the will of the insured and the insurer , for instance occurring after the insurance runs the risk weighting (Articles 293 and 638 businesses) .
e . insurance fall
Insurance typically fall contained in transport insurance . If the goods to be transported are insured , then not so transported goods , the insurance fall . Not be transported may occur because the ship is not so set or will be traveling but stopped . Thus , insurance is not canceled or canceled by the insurance is in danger evenemen . In the insurance is canceled or invalidated , the danger being or have been undertaken , while in insurance fall , the danger has not lived at all
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