Green Card Bureau Compendium

Question N° 1

1.
What was the date of the original Law, which introduced Compulsory Third Party Motor Insurance and of its entry into force?

Original law: 11th February 1958; entry into force: 1st January 1958.

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2.
What is the date of the present Law and of its entry into force?

Present law: 23rd December 2005; entry into force: 1st January 2006.

Question N° 2

1.
Which are the classes of motor vehicles for which insurance is compulsory?

Except for the vehicles indicated in point 2.2, third party insurance is compulsory for each vehicle propelled by own engine for travel on land and bearing a State registration number, as well as the trams, trolley-buses and the self propelled machinery. Trailers and semi-trailers shall be also considered to be motor vehicles.

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2.
Which are the classes of motor vehicles, if any, exempted from compulsory insurance?

Are exempted from compulsory insurance:
• vehicles not bearing registration plates issued by the State,
• railroad vehicles
• self propelled machinery with engine power of up to 10 KW: wheeled tractors, chain tractors, all kind of selfpropelled machinery, all kind of self-propelled agricultural and forest machinery.

Question N° 3

Is the Law applicable to foreign visitors?

Yes. Drivers of vehicles bearing foreign registration plates, which enter Bulgaria, must take out an insurance policy in accordance with national law, or must at least hold an international insurance certificate, which is valid for Bulgaria.

Question N° 4

Does the Law apply in respect of liability for both personal injury and damage to property?

Yes.

Question N° 5

What is the minimum limit of liability required for the Personal Injury damage? State the minimum value of sum insured, date with effect from and please indicate whether the limit is per accident or per victim.

Type of vehicle	Personal injuries		Material damage
	Per victim	Per accident	Per accident
				All	358 000 EUR	511 000 EUR	100 000 EUR
(with effect from 11/06/2007 until 31/12/2009)
All	511 000 EUR	2 557 000 EUR	511 000 EUR
(with effect from 01/01/2010 until 11/06/2012)

Question N° 6

1.
Does the Law require cover in respect of passengers carried in the vehicle?

Yes.

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2.
Is there any category of passenger excluded from this cover?

The driver of the vehicle liable for the damage caused.

Question N° 7

Under which conditions of the Policy is an Insurer permitted by Law to reject a Third Party Claim? Please specify.

An insurer shall not pay indemnity for:
1. Damages sustained by a guilty driver of a motor vehicle;
2. Damages, caused to the property of a passenger in the motor vehicle driven by the guilty driver, or to the property of the guilty driver’s family member;
3. Damages caused to a motor vehicle, driven by the insured, as well as for damages inflicted on property, transported by such motor vehicle;
4. Damages caused in the case of use of the motor vehicle for participation in races, provided that the observance of the road traffic rules was not mandatory for the participants in the race and unless otherwise stipulated;
5. Damages caused in the case of use of the motor vehicle during an act of terrorism or war, provided that the injury of the third parties is in direct relation with such act;
6. Damages caused by the transportation of radioactive, chemical or other materials, constituting increased danger;
7. Damages constituting environmental pollution;
8. For damages ensuing from loss or destruction of money, jewelry, securities, all sorts of documentation, stamps, coins or other such collections;
9. Reimbursement of payments effected by the system of the state social or health insurance upon or on the occasion of death or bodily injuries resulting from an insured event;
10. Depreciation of the property damaged.

Question N° 8

Is there a direct right of action by a Third Party against an Insurer?

Yes.

Question N° 9

Does a claimant resident in a foreign country have a direct right of action against the local Bureau or the Insurer representing the Bureau?

Yes.

Question N° 10

1.
Does the Law in your country require the Insurer and/or Bureau to make an offer of compensation to a claimant within a specified time?

Yes.

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2.
If yes, what is the nature of the damages to which the time-limit applies?

All types of physical injury and damage to property.

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3.
What is the specific time-limit?

The time-limit for final settlement of the claim may not be longer than three months as of its presentation before the insurer who has concluded the Motor Third Party Liability Insurance contract, or before its claims representative.

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4.
Which are the other provisions of the Law in this respect? (for ex. sanctions)

There are no other provisions.

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5.
Are there any similar stipulations for provisional payments?

No.

Question N° 11

1.
Is there a limitation period for legal proceedings against the Insured or the Insurer? If yes, please specify.

Yes. The limitation period for legal proceedings against the Insured or the Insurer is 5 years from the day the event occurred.

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2.
Are there any provisions in the Law which allow for the suspension or extension of that limitation period? If yes, please specify.

Extension of the limitation period is not allowed but the period is interrupted when a lawsuit is brought or if the insurer accepts a settlement out of court between the INSURED and the THIRD PARTY about the amount of the indemnity.
A new 5-year limitation period starts from the interruption of the previous period.

Question N° 12

[Note: Questions addressed to non-EEA Bureaux only. For EEA Bureaux, see Section 2 & 3]

1.
Is there a Guarantee Fund in your Country?

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2.
If yes, what are the conditions and limits of intervention of the Guarantee Fund?

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3.
Are they applicable to non-residents whether they are the cause of, or victims of, accidents?

Question N° 13

Any other special features?

No.

Guarantee Fund Compendium

Question N° 1 - Unidentified or uninsured vehicles

1.
What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 2nd MID? Please specify.

Guarantee Fund
2, Graf Ignatiev Str., 4th Floor
1000 Sofia, Bulgaria

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2.
What is the legal nature of the organisation?

Public

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3.
On what legal basis is it authorised to carry out compensation?

Law

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4.
Is compensation by this body subsidiary?

Yes

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5.
If the compensation is subsidiary, which entities are excluded?

Insurance undertakings: All Insurance companies in Bulgaria

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6.
Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

No

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7.
If yes to question 1.6, what do these specific provisions consist of? Please specify briefly.

-

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8.
Are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was uninsured, excluded from the intervention of the body?

No

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9.
In the event of an accident caused by an unidentified vehicle, is the intervention of the body subject to specific provisions as regards the compensation of damage to property?

No

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10.
If yes to question 1.9, what are the specific provisions? Please specify briefly.

No

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11.
If yes to question 1.9, what are the conditions provided for by your legislation so that the damage to property may be considered as significant? Please specify briefly.

-

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12.
If the injured party is not a resident of an EEA Member State, can it benefit from the intervention of the body?

Yes

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13.
What periods of limitation are the demands for compensation addressed to the body subjected to? Please specify briefly.

5 years

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14.
According to Directive 90/232/EEC, Article 4 “In the event of a dispute between the body referred to in Article 1 (4) of Directive 84/5/EEC and the civil liability insurer as to which must compensate the victim, the Member States shall take the appropriate measures so that one of these parties is designated to be responsible in the first instance for paying compensation to the victim without delay”. Which of these parties has been designated in your country to be responsible in the first instance for paying compensation to the victim in the event of a dispute between the body and the insurer responsible for civil liability as to which must compensate the victim? Please specify.

The Insurer

Question N° 2 - Stolen vehicles or vehicles obtained by violence

1.
Has your Member State made use of this possibility?

Yes

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2.
If yes to question 2.1, what are the conditions provided in the event of compensation for damage to property? Please specify briefly.

Pays compensations to third persons as well

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3.
If yes to question 2.1, are people who voluntarily entered the vehicle which caused the damage when they knew that the vehicle was stolen, excluded from the intervention of the body?

Yes

Question N° 3 - Other cases of intervention by the body

1.
Do the legislation of your Member State provide for other situations where the injured party can claim compensation from the body after a road traffic accident?

No

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2.
If yes to question 3.1, what are these situations?

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Compendium Compensation Body

Question N° 1

What is the full identity (exact name, address, etc.) of the organisation established or authorised with a view to transposing the 4th MID? Please specify.

National Bureau of Bulgarian Motor Insurers
Bulgaria
1000 Sofia
2, Graf Ignatiev Str., fl.2

Question N° 2

What is the legal nature of the organisation?

Private

Question N° 3

On what legal basis is it authorised to carry out compensation?

Law

Question N° 4

Is compensation by this body subsidiary?

No

Question N° 5

If the compensation is subsidiary, which entities are excluded?

Question N° 6

Are there any specific provisions governing the recourse between this body and those responsible for the accident and other insurers or social security bodies obliged to compensate the victim for the same accident?

No

Question N° 7

If yes to question 6, what do these specific provisions consist of? Please specify briefly.

.

Question N° 8

In your Member State, does the victim who has requested compensation to a Compensation Body following one of the situations stated in articles 6 and 7 of the 4th Directive have the possibility of filing an appeal against the decision made for him/her by this Body?

Yes

Question N° 9

If yes to question 8, this appeal must be brought to (the court, an administrative authority, etc.):

The court