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  1. #1
    Retired Ussername
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    Default DR car insurance

    I have been told that under Dominican law, insurance on a vehicle does not cover the civil liability or the medical damages suffered by family members riding as passengers in the vehicle, and additionally, in the case of a vehicle owned by a company, that employees of the company and their family members are not covered for either of these liabilities. I was told that the assumption is that the injured party's health insurance will cover their problems. The insurance broker looked at me as if I were a 2 headed cow when I said I wanted this coverage on my vehicle.

    I am accustomed to the common law system, where a corporation is a separate legal entity, and any legal person, including an employee or a family member, is a separate legal entity, and therefore they are protected by the 3rd-Party Liability coverage on the insurance. Apparently this is not true in the DR, OR it is a specific exclusion under the policy.

    If this is truly the case, my question is "how do other companies in the DR protect both themselves, and their employees, in the case where they are travelling in a company vehicle, the company driver is at fault, there are damages suffered,and the employees have very little health coverage." This leaves the owner of the vehicle wide open to be forced to begin writing checks because this liability is not covered, and as well, the employee to lay injured in their sala because they elected to, or could not afford to have health insurance coverage. and a successful lawsuit would take months or years to fight through the system.

    Please don't start firing off a bunch of liberal responses telling me to stop being cheap and buy the employees their own health insurance. They have the legally required health coverage now. I want the protection from liability and for everyone, including my own family, to be protected from any potential major personal injuries as well. An umbrella liability policy excludes coverage for these liabilities also. Tell me the reasonable solution to the problem.

    Fabio???

  2. #2
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    Default

    First, there is no difference between the common law and civil law with respect to corporations, its shareholders and employees, and the fact that each of them is a different “person” or entity.

    Liability insurance for passengers exists in the Dominican Republic. What may have caused the confusion could be that compulsory insurance (“seguro de ley”), the minimum insurance that every car must carry while on the road, usually does not include it expressly on the policy. Article 68 of Law 126 of 1971 establishes, however, that a passenger in a car must be considered as a third party and be indemnified accordingly, even in the case that the insurance policy excludes the coverage. The Supreme Court has extended the concept in multiple occasions to all types of insurance, stating that the insurance company is liable in any case. Of course, the company may later obtain reimbursement from the insured.

  3. #3
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    Default Insurance Round #2 - Fabio

    OK, Fabio, your last sentence is my problem in a nutshell.

    I will provide more specific information. I am attempting to obtain liability coverage for a company-owned vehicle that will cover both civil liability and medical coverage if the operator of the company-owned vehicle is at fault and there are damages. I am looking for a policy that is well above any "legally required" coverage would be, in order to protect the company from the liability.

    As well, should a US-based executive be visiting us, and be injured while riding in the company vehicle, they must be protected with coverage as well. I seriously doubt that a publico or a taxi driver who is at-fault in an accident would have coverage that would satisfy the needed medical treatment for this executive, and I would need to have coverage for an uninsured/underinsured motorist that would pick up the coverage once the at-fault guy's insurance coverage runs out.

    Also, the LAST thing I want to do is to think that I have the coverage, then cause an accident, my insurer pays the claim, and then turns around and bites me in the A** by suing me, the insured , for reimbursement for the claim they just paid as MY insurer.

    Is there an easier way through this circus, or am I overlooking something obvious?

    I have heard references to "fronting" and to additional policies that would provide the coverage that I am required to obtain. Please give me some direction. Thank you.

  4. #4
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    You should be able to get the insurance you want from any major insurance company here in the D.R. I really don't understand why you are having problems with this.

    The reimbursement issue comes up only when the insurance policy expressly excludes liability regarding passengers. If the policy contains a provision for passenger liability, it is obvious that the insurance company cannot claim reimbursement from the insured.

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