2023-05-27 06:10:45
Rights to petition, enforcement actions, complaints for non-compliance and unconstitutionality claims. These legal actions have bogged down the controversial individual compulsory liability insurance for private cars and motorcycles that covers material damage caused to third parties.
Since last January 5, when the Ley 2283which obliges automotive diagnostic centers (CDA) to provide this insurance free of charge and compulsory, together with the technical-mechanical inspection certificate, the debate over the gaps and ambiguity of the standard continues.
Meanwhile, owners of motorcycles and cars begin to demand compliance with the Law from the CDAs, that is, the delivery of the policy that, among other things, does not exist in the market; and on which the majority of insurance companies in the country are not interested in marketing it; few others study that possibility.
Only one of these, Seguros Mundial, announced this week that on May 19, it presented to the Financial Superintendence the ‘technical sheet’ of its product ‘Seguro Ter-Cero’, a legal requirement to be able to market it among automotive diagnostic centers.
Motorcycle and car owners begin to demand CDA compliance with the Law.
Sergio Acero. TIME
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Once the scope of Law 2283 was known, ASO-CDA –an association that brings together the 850 automotive diagnostic centers in the country– made it clear that they do not have the resources to cover this item because it is not in the cost structure of the technical-mechanical review that allows them to assume the insurance premium. “Complying with that obligation would mean exposing yourself to bankruptcy”, says Gonzalo Corredor, president of ASO-CDA.
Likewise, that union filed six unconstitutionality lawsuits before the Constitutional Court, one of them alleging that CDAs do not have an insurable risk, because they cannot be required to assume the costs of third-party conduct for running a traffic light or getting involved in an accident. .
The circular of the Ministry of Transportation
While ASO-CDA, Fenalco and Fasecolda were awaiting the results of various studies and the regulation of the law that the former Minister of Transportation Guillermo Reyes promised them in January, on May 15 that portfolio, today at the head of the The new minister, William Camargo, took a turn and issued a circular in which he basically says that automotive diagnostic centers must comply with the law, that is, deliver the policies and assume their cost without charging the owners of cars and motorcycles.
Reyes said at the time that the National Government, through the Ministry of Transportation, must establish the regulations that allow all sectors to specifically identify what is sought with the guidelines incorporated in article 6 of Law 2383 of 2023. “That law requires regulation,” he said.
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It is an ambiguous subject, there is no regulation. The law does not specify, what it says is that CDAs must buy liability insurance outside of those establishments
The truth is that for experts, Law 2283 was left with a gap by not rigorously specifying the scope of the creation of this insurance, which at the time was seen as the solution to the problems caused by simple crashes.
“It is an ambiguous issue, there is no regulation. The law does not specify, what it says is that CDAs must buy liability insurance outside of those establishments, but one cannot cover a risk that one is not producing or generating”, said an insurance expert who, being an interested party, asked not to be quoted.
Guillermo Giraldo, former secretary of the First Committee of the Senate, today a consultant on legislative affairs, agrees with this assessment: “You cannot apply or demand something that does not exist.” Giraldo adds that when these legislative gaps arise, the Government has the power to regulate them by decree, as long as they do not stray from the essence of the law.
“It is not modifying, it is complementing”, he explains. Also, he says, “if there is a gap and it cannot be filled, they can present a bill to regulate it, but that does not blur the law.”
Going back to circular 20234000000177 of May 15, in addition to reminding insurers that they must sell this insurance and CDAs that they must issue it to their clients at no cost, it tells them that “Non-compliance or neglect by those obliged to guarantee the rights established in Laws 2251 of 2022 and 2283 of 2023 will entail the sanctions established in the current regulations.”
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Technomechanical review.
The curious thing is that the Ministry of Transportation consulted the Financial Superintendence with file 20231400102061 “which insurance entities legally established in Colombia have issued or issue the mandatory individual civil liability insurance for private service vehicles (vehicles, motorcycles and similar), which covers material damage caused to third parties without charge or extra cost to the user, for the validity of each of the certificates issued and whose takers are the Automotive Diagnostic Centers (CDA)”.
Immediately afterwards, the Superintendency asked the insurers authorized to operate the branches of civil liability and automobiles to “inform about their willingness to market the insurance dealt with in article 6 of law 2283 paragraph 2, which would be subject to regulation as announced by the Ministry of Transportation”.
According to this investigation, only one company, Mundial de Seguros, “is the only one interested in its commercialization and would deposit the updated product with the Superintendency once the process and cost of registration with the Runt are defined.” This was already done by Mundial de Seguros. The Runt reported on April 14 that it already has the registry enabled for information on current mandatory insurance and claims.
As of the date of this response to the Financial Superintendence, Seguros Confianza SA had not evaluated the commercialization; nine other insurers were studying this possibility and some indicated that they were “waiting for the regulation of the standard.” These companies are: La Previsora, SBS, Zurich, Mapfre, Sura, Seguros del Estado, Bolívar, Liberty and Allianz.
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There are high expectations, particularly in motorcycle communities and associations, who through their spokespersons on social networks are promoting enforcement actions.
Finally, another 11 companies said “they are not interested in marketing said policy. These are: Aseguradora Solidaria de Colombia, La Equidad, Nacional de Seguros, HDI Seguros, Cardif Colombia, J Malucelly Travelers, Segurexpo, Alfa, Berkley, Chubb and BBVA Seguros.
This is the complex panorama of the controversial insurance, about which there are many expectations, particularly in motorcycle communities and associations, who through their spokespersons in social networks are promoting compliance actions and new demands, if, when carrying out the technical-mechanical review, the CDA does not give them the insurance.
And, as is popularly said in Colombia, “gifted up to a fist”, the problem is that those who have to give ‘the gift’ say they don’t have the money to buy it and those who sell it want little to know about that business.
The truth is that free insurance is still bogged down, as the decision of the Constitutional Court on the six lawsuits against the law is yet to be known. EL TIEMPO learned that some were inadmissible and others are still ongoing.
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Some conditions of the ‘Ter-Zero’ insurance
This week, Seguros Mundial announced the product it will offer in the market. These are some of the conditions: Covers non-contractual civil liability incurred by the insured within the term of the policy up to the limit of the insured value, limited only to property damage caused to third parties in a traffic accident.
It has an insured value of 15 current legal monthly wages for private service vehicles and 7 current legal monthly wages for motorcycles and the like.
Exclusions include: when the vehicle is overcrowded, both cargo and passengers. When it is intended or used for a use other than that specified in this policy. When hazardous, flammable or explosive goods are transported and these are the cause of the accident. When the insured vehicle is driven by a person who has never been issued a driver’s license; that the license is suspended, has been falsified or adulterated.
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