Approved by the plenary of the Chamber of Deputies on Tuesday night (9), the Complementary Bill (PLP) 233/2023which recreates the DPVAT (Compulsory Insurance for Personal Damage Caused by Vehicles) is now going to a vote in the Federal Senate.
It is worth remembering that the management of resources for compensation for traffic victims has been under the management of Caixa Econômica Federal since 2021, the same year in which mandatory insurance was no longer charged.
Since November 15, 2023, payments to injured victims and their families have been suspended with the justification that available resources have come to an end. With the new regulations, it will be possible to charge land vehicle owners again for the now named SPVAT (Mandatory Insurance to Protect Victims of Traffic Accidents).
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See below 5 points of the approved proposal that impact the consumer’s pocket:
It’s not yet known. The approved text proposes that the annual cost of SPVAT insurance for owners of land vehicles “will be nationwide and may be differentiated by vehicle tariff category, as defined by the CNSP (National Council of Private Insurance)”, the body responsible for setting the guidelines and private insurance policy standards. What is known is that premiums (cost of insurance) may be temporarily charged at a higher value to settle claims occurring up until the SPVAT comes into effect.
The amounts to resolve the DPVAT deficit will be used to pay compensation, technical provisioning and pay administration fees for this insurance.
- When will I need to pay the DPVAT?
There is still no defined date for the beginning of SPVAT collection from owners of land motor vehicles, as the bill is still being processed in the National Congress.
- Will I be fined if I don’t pay the DPVAT?
The approved text includes the penalty in the Brazilian Traffic Code (CTB) equivalent to a fine for a serious infraction in the case of non-payment of mandatory insurance, the payment of which will again be required for annual licensing, transfer of the vehicle or its write-off before the traffic authorities. .
- Will DPVAT reimburse medical expenses?
If the proposal is approved as is, yes. Expenses for medical and supplementary assistance may be reimbursed, including physiotherapy, medication, orthopedic equipment, orthotics, prosthetics and other therapeutic measures, as long as they are not available in the SUS in the municipality where the accident victim resides. There is also coverage for funeral services and professional rehabilitation for accident victims who are partially disabled.
The text prohibits the transfer of the right to receive compensation, following the order of heirs in the Civil Code. In the case of permanent disability, the value of the compensation will be calculated based on the percentage of acquired disability and the CNSP will define this proportion. If the victim dies, the beneficiary may receive the difference between the compensation values (death minus disability), if any.
Expenses already covered by insurance or private health plans will not be reimbursed; those without individual specification of value, service provider in the invoice and report; or those of people served by the SUS.
- What will be the deadline for payment of compensation?
The maximum period for the victim or heir beneficiary to file a claim for compensation will be three years. Payment of SPVAT compensation will be made with simple proof of the accident and the resulting damage, regardless of the existence of fault or intent (intention) and even if unidentified vehicles or non-insurance defaulters were involved in the accident.
After receiving all required documents, Caixa will have 30 days to make the payment into a current, payment, savings or social savings account held by the victim or beneficiary. If payment is late, it will be adjusted by the Broad National Consumer Price Index (IPCA) and default interest set by the CNSP.
The version of PLP 233/2023 approved on Tuesday still directs between 35% and 40% of the amount collected from the insurance premium paid by vehicle owners to municipalities and states where there is a municipal or metropolitan public transport service.
Furthermore, it must produce effects that go beyond the DPVAT, affecting the execution of fiscal policy by the federal government itself, since it brings forward from the second to the first two months of 2024 the possibility of the Executive opening additional credit (through the so-called “deferment clause”). revenue performance”), permitted in the tax rule law, due to additional growth in revenue (higher than that considered for the adjustment of expenses) this year in relation to 2023.
(With information from Agência Câmara de Notícias)
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