The obligation insurance law (PflVG; Law over the obligation insurance for motor vehicle owners) is the legal basis for the insurance contracts of a liability insurance for owners of motor vehicles, which are led at public roads and places. The law became original as "law over the introduction of the obligation insurance for motor vehicle owner" (law from 7 November 1939, RGBl. I, P. 2223) announces.
The law applies only to domestic motor vehicles. for foreign motor vehicles a law over the liability insurance for foreign motor vehicles and motor vehicle trailers was issued.
| Base data | |
|---|---|
| Kurzttel: | Obligation insurance law |
| Full title: | Law over the obligation insurance for motor vehicle owners |
| Abbreviation: | PflVG |
| Kind: | Federal law |
| Area of application: | Federal Republic of Germany |
| Right subject: | Private law/insurance law |
| FNA: | 925-1 |
| Date of the law: | 7. November 1939 (RGBl. I, P. 2223) |
| The entry into force to: | |
| Revised version of: | 5. April 1965 (BGBl. I P. 213) |
| Last change through: | Kind 234 VO from 25 November 2003 (BGBl. I P. 2304) |
| The entry into force that-last change: 1) | 28. November 2003 (kind 340 VO from 25 November 2003) |
| 1) Please you consider the reference to the valid law version! | |
The obligation insurance law leads to an obligation to contract of each motor vehicle owner with a domestic insurance offerer ("§ 5 PflVG) of its choice. Thus the private autonomy within this range is affected, but this happens at the well-being of the public, in order to protect victims of traffic accidents against liquidity lacking of the accident causers.
The liability to insure meets in principle all motor vehicle owners. After "§ 2 PflVG however numerous public regional administrative bodies are (federation, countries and larger municipalities like also local as well as owners released from permission-released trailers and motor vehicles, which do not achieve a certain maximum speed, from the liability to insure. Legal entities can let themselves be released after "§ 1 exp. 3 VAG from the liability to insure on request.
"§"§ "§"§ the 158c-158f VVG supplements 3, 3a PflVG around some regulations for the civil range.
The minimum insured sums are determined after "§ 4 PflVG by the plant according to determination of the Federal Ministry of the law in agreement with the Federal Ministry of Transport and the Federal Ministry for Economic Affairs.
In order to be able to meet the evident danger suitably by not-adjusted fortune and personal injuries by uninsured vehicles, the legislator inserted a penalty clause, which places a using of a motor vehicle without insurance protection in the traffic under punishment in "§ 6 PflVG. The obligation insurance law is thereby part of the Nebenstrafrechts. Since the insurance protection is for example already void by "combing" from light motor cycles, the range of application is not small (16181 accused alone in the earlier federal territory 2003).
"§ 7 an authorization regulation for the Federal Ministry of Transport contains, in order to make in agreement with the law and the Ministry of Economic Affairs of the federation a statutory order closer development the motor vehicle liability insurance use. The most important regulation from this regulation is the motor vehicle obligation insurance regulation.
After "§"§ 8, 8a PflVG have to pass the insurance companies on of information to damages. Across the adjusted damage after "§ 9 PflVG a community statistics is led at the Federal Supervisory Office for insurance, to which the insurance companies have to supply the data ("§ 10 PflVG).
The compensations in accidents, in which the (i.e. its motor vehicle) cannot be determined, a liability insurance not, no more or in not sufficient height or no covering protection existed or the insurance company did not become insolvent, can against the remuneration fund for damage from motor vehicle accidents be made valid ("§"§ 12 - 14). However the fund pays only if no other spare possibilities are available. A remuneration place for foreign accidents is furnished at the same time, against which domestic damages can make their requirements perhaps valid in foreign accidents. The remuneration place is carried by the traffic victim assistance registered association Hamburg.
With the insolvency of an insurance company in accordance with "§ 15 PflVG a special right to give notice is entitled to the insurant of the Kfz liability insurance.
To the entry area the defaults of the agreement contract apply.
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