DPVAT: recreation of insurance only depends on President Lula’s sanction

BRASILIA. The proposal to recreate the DPVAT, which will now be called Compulsory Insurance for the Protection of Traffic Accident Victims (SPVAT), is now being approved by President Luiz Inácio Lula da Silva (PT). There were 41 votes in favor of the text in the Senate plenary this Wednesday (8).

When was DPVAT extinguished?

A DPVAT charges were abolished in 2021 during the government of Jair Bolsonaro (PL). At the time, the collection of compensation was zeroed and payments were made with the balance from previous years. But the reserve ended in November 2023 and the transfer of compensation was suspended for those who suffered consequences of accidents from November 15, 2023.

Why recreate the DPVAT?

The federal government justifies that the new project seeks the necessary funds to continue new compensation for death, permanent disability and reimbursement for professional rehabilitation after partial disability and funeral services.

Who can receive compensation?

The person must present proof of the accident suffered and the damage caused. In the event of death, if the death certificate does not prove a cause and effect relationship between the accident and death, it is necessary to present the autopsy certificate issued by the Legal Medical Institute (IML).

Are there any restrictions?

There are restrictions on reimbursement for medical and supplementary assistance, including physiotherapy, medications, orthopedic equipment, orthoses and prosthetics. In these cases, there will only be reimbursement if the treatment is not available through the Unified Health System (SUS) in the city of the accident victim.

What will be the value of the compensation?

The amount of compensation will be defined by the National Private Insurance Council.

How to receive compensation?

To receive the funds, the beneficiary must present documents proving the accident and the damages suffered. After that, the insurance operator will have up to 30 days to make payment. The value will be corrected by the Broad National Consumer Price Index (IPCA), which measures inflation, if it exceeds this period.

What is the fee amount?

The project does not provide a value for the future insurance fee. This will be defined later, in case of approval and sanction of the law. The new DPVAT also changes the management of insurance, which becomes Caixa Econômica Federal. It also leaves it up to the public bank to operationalize compensation requests.

How will the amount collected be distributed?

Of the total collected from SPVAT charges, up to 40% will be transferred to states and municipalities with municipal or metropolitan public transport services. Another 40% goes towards paying for medical and hospital care for victims of traffic accidents. In addition, 5% will be directed to Social Security for the Coordination of the National Transit System.