GROUNDS FOR REFUSAL OF PAYMENT OF COMPENSATION!?
According to Art. 32 of the Law of Ukraine 'On OTSPVVNTZ' the insurer or MTIBU does not reimburse:
1. damage caused during the operation of the secured vehicle, but for the occurrence of which there is no civil liability in accordance with the law;
2. damage caused to the secured vehicle that caused the accident;
3. damage caused to the life and health of passengers who were in the secured vehicle, which caused the accident, and who are insured in accordance with paragraph 6 of Article 7 of the Law of Ukraine 'On Insurance'
4. damage caused to property that was in the secured vehicle, which caused the accident;
5. damage caused by the use of a secured vehicle during a training trip or to participate in official competitions;
6. damage directly or indirectly caused by or contributed to by ionizing radiation caused by arbitrary nuclear fuel, radioactive poisoning, radioactive, toxic, explosive or otherwise dangerous property of an arbitrary explosive nuclear compound or its nuclear component;
7. damage related to the loss of the commodity value of the vehicle;
8. damage caused by damage or destruction due to a traffic accident of antiques, articles of precious metals, precious and semiprecious stones, jewelry, religious objects, paintings, manuscripts, banknotes, securities, various documents, philatelic and other numismatic ;
9. damage caused by a traffic accident, if it occurred as a result of mass riots and group violations of public order, military conflicts, terrorist acts, natural disasters, explosions of ammunition, fire of a vehicle not related to this accident;
10. damage caused to the life and health of the driver of the secured vehicle, which caused a traffic accident. 37 of the Law of Ukraine 'On OTSPVVNTZ':
- intentional actions of the person whose liability is insured (the insured), the driver of the vehicle or the victim, aimed at the occurrence of the insured event. This norm does not apply to persons whose actions are related to the performance of their civil or official duties, committed in a state of self-defense (without exceeding its limits) or during the protection of property, life and health. Qualification of actions of such persons is established according to the law;
- commission by a person whose liability is insured (insured), the driver of a vehicle of an intentional crime, which led to the insured event (the event provided for in Article 41 of this Law);- non-fulfillment by the victim or another person entitled to compensation of their obligations under this Law, if it led to the inability of the insurer (MTIBU) to establish the fact of the accident, the causes and circumstances of its occurrence or the amount of damage; br>- failure to apply for insurance indemnity within one year, if the damage is caused to the property of the victim, and three years, if the damage is caused to the health or life of the victim, from the moment of the accident.