DPVAT: Senate should vote on recreation and new insurance rules this Wednesday (24) – PontoPoder

The Bill that recreates mandatory insurance for land vehicles, known as DPVATit must be voted by the Senate this Wednesday (24). Before going to the Plenary, the proposal will be analyzed by the Constitution and Justice Commission (CCJ) also this Wednesday.

Sent by the Government, the project on the new DPVAT rules was approved in the Chamber of Deputies on April 9. Among the main changes to the text is the return of mandatory insurance payments, suspended since 2019.

Under the project, it will be guaranteed compensation for death and permanent disability, total or partial, in addition to reimbursement of expenses for: medical and supplementary assistance that is not available through the Unified Health System (SUS) in the victim’s place of residence; funeral services; and professional rehabilitation of victims with partial disability.

Until last year, Caixa operated the insurance on an emergency basis with the resources that were still available and with the new regulations, the bank will manage all premiums collected from the fund. The compensation amounts must be defined by the National Private Insurance Council (CNSP), as established in the proposal.

Furthermore, the Mandatory Insurance for Personal Injury Caused by Motor Vehicles on Land Roads (DPVAT) will be renamed to Mandatory Insurance for the Protection of Victims of Traffic Accidents (SPVAT).

Main changes

• Penalty equivalent to a fine for a serious infraction in the event of non-payment of mandatory insurance;
• Payment of medical care expenses;
• Reimbursement of expenses for medical and supplementary assistance, including physiotherapy, medicines, orthopedic equipment, orthotics, prosthetics and other therapeutic measures, as long as they are not available in the Unified Health System (SUS) in the victim’s municipality of residence;
• Coverage for funeral services and professional rehabilitation for accident victims who have partial disability;
• Prohibition of transferring the right to receive compensation;
• Directing between 35% and 40% of the amount collected with the prize to municipalities and states where there is municipal or metropolitan public and collective transport service

The values ​​set out in the law on compensation and reimbursable expenses will be established by the National Council of Private Insurance (CNSP), like this:

• Percentages for each type of partial disability;
• Criteria for the services provided by Caixa, in addition to the bank’s methodology and form of remuneration;
• It will annually examine the fund’s accounts;
• Establish and disclose the annual values ​​of insurance premiums based on an actuarial study presented by the operating agent; It is
• It will establish guidelines and standards necessary for the functioning of the fund.

What will the fund no longer cover?

Coverage by insurance or private health plans; without individual specification of value, service provider in the invoice and report; or those of people served by the SUS will no longer be covered by the fund.

“In the case of permanent disability, the compensation value will be calculated based on the percentage of acquired disability. If the victim dies, the beneficiary may receive the difference between the compensation values ​​(death minus disability), if any” , according to information from Câmara de Notícias Agency.

SPVAT payment deadline

Caixa will have 30 days to make payments into a current, payment, savings or social savings account held by the victim or the insurance beneficiary. Assistance will only be available after submitting the requested documents.

SPVAT compensation will be made with simple proof of the accident and resulting damage, regardless of the circumstances of the accident and vehicle defaults.

If there is a delay in payment, it will be adjusted by the Broad National Consumer Price Index (IPCA) and default interest set by the CNSP.

In cases of death, if there is no proof of the cause and effect link between death and the accident only with the death certificate, families must present the autopsy certificate issued by the Legal Medical Institute (IML), even without it. has been requested by the police authority.