Accident insurance for passengers in public transport

Law on Compulsory Traffic Insurance

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For the purposes of the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the types of compulsory traffic insurance shall be as follows:

  1. Accident insurance of passengers in public transport
  2. Third party liability insurance for owners of motor vehicles
  3. Aircraft passenger and third-party liability insurance for aircraft owners
  4. Third party boat insurance for boat owners.

The owner of the motor vehicles, aircraft and boat shall also include any user or other person registered as the owner of the means of transport in accordance with law.

Insurance against liability for damage caused to third parties concluded by the owner of the means of transport shall cover, under the conditions and in the way provided by the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court), the damages to third persons made by the means of transport, regardless of who was in the driver’s seat.

Obligation to provide accident insurance for passengers in public transport

Owners of means of transport used for public transport of passengers shall enter into a contract to provide accident insurance for passengers in public transport.

The contract to provide accident insurance for passengers in public transport shall be entered into by owners of:

  • Buses used for public transport on municipal, suburban, intercity and international lines and special service lines
  • Buses used for transport of employees to and back from work
  • Buses used for transport of children and students to and from kindergartens and schools
  • Buses used for transport of tourists
  • Passenger taxis and rented vehicles
  • Rail vehicles for passenger transport
  • All types of vessels used for transport of passengers on regular or special service lines, including those for cruises and transport of tourists
  • All types of rented vessels used for transport of passengers on regular or special service lines, including those for cruises and transport of tourists
  • Aircraft for public passenger air transport (regular, charter flights and air taxi)
  • Tourist aircraft used for shorter over-flights and sightseeing flights, and rented aircraft
  • Other means of transport, irrespective of their propulsion, used for passenger transport at the fare charged, in the form of a registered business.

The contract to provide accident insurance for passengers in public transport does not exclude the obligation of concluding a liability insurance contract.

Licenses for using means of transport, and/or other document of the authorised body which serves as evidence that the vehicle used for public transport of passengers may be used for transport, shall be issued upon submission of evidence to the authorised body on the concluded contract to provide accident insurance for passengers in public transport.

The owner of the means of transport used for public transport of passengers shall write the contract to provide accident insurance for passengers in public transport data in a visible place in the vehicle and on the ticket, showing in particular the name of the insurer and the rights of passengers ensuing from the contract.

Definition of passenger in public transport

For the purposes of the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court) passengers in public transport mean:

  • Persons on board means of transport used for public transport who intend to travel, regardless of whether they have bought a ticket or not
  • Persons on the grounds of a station, pier, port, airport or close to the means of transport prior to boarding who intend to travel
  • Persons who have ended their trips and left the means of transport, but remain close to the means of transport being within the grounds of a station, pier, port, or airport
  • Persons entitled to travel free-ofcharge.

The passengers for the purposes of the Law on Compulsory Traffic Insurance (RS Official Gazette, No 51/2009, 78/2011, 101/2011, 93/2012 and 7/2013- Decision of the Constitutional Court) shall not include any persons whose job involves their presence in the means of transport.

Amount of the sum assured

The amount of the minimum sum assured of the contracted accident insurance cover for passengers in public transport shall be established per passenger by the Government, upon the proposal of the National Bank of Serbia and the sum assured may not be lower than:

  • in the event of death of a passenger EUR 8,000
  • in the event of passenger’s permanent loss of general working ability (disability) EUR 16,000
  • in the event of temporary inability to work and actual and necessary medical treatment costs for the passenger EUR 4,000.

The decision of the Government of Republic Serbia on the amount of the minimum sum assured of the contracted accident insurance cover for passengers in public transport shall be established per passenger shall be published in the Official Gazette of the Republic of Serbia.

Right to payment of the sum assured

A passenger affected by accident, or a payee specified by the policy conditions in case of such passenger’s death, shall be entitled to request direct payment under the contract to provide accident insurance for passengers in public transport by the insurance company with which insurance has been contracted.

In cases where an accident occurs and contract to provide accident insurance for passengers in public transport has not been contracted by the owner of the means of transport, or such owner has contracted insurance with an insurance company in respect of which bankruptcy proceedings were initiated, the passenger affected by accident, or a payee specified by the policy conditions in case of such passenger’s death, may request payment of the sum assured from the Guarantee Fund according to the provisions of the Law on Compulsory Traffic Insurance (RS Official Gazette, No 101/2011).

The passenger or the insurance payee shall be entitled to the amount of the minimum sum assured of the contracted accident insurance cover for passengers in public transport per passenger irrespective of whether such passenger or payee is entitled to compensation arising from carrier’s liability.

Read more:
Compensation in Traffic »
Competence of the guarantee fund and indemnity procedure »
Compensation for damages caused by using motor vehicles registered abroad »

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