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2. Liability derived from driving the insured vehicle
Type A: Mandatory liability insurance
1. Under this cover, which is mandatory for all motor vehicle owners, the insurer undertakes to pay indemnities derived from the liability of the driver of the insured vehicle, as stated in the schedule, up to the quantitative limits established under current law, in relation to traffic incidents in which the vehicle is involved and which cause damage or injuries to people or property that may be claimed under the provisions of the Revised Text of the Motor Vehicle Transit Liability and Insurance Act, its implementing regulations or any other legally applicable rules.
2. For indemnities por personal injuries, the insurer, subject to the limits set for mandatory insurance, must compensate individuals for any injuries caused, except where it can prove that said injuries were due solely to the behaviour or negligence of the injured party or to force majeure unrelated to the driving or operation of the vehicle. Force majeure shall not include such defects in the vehicle or the breakage or failure of any of its parts or mechanisms.
3. For indemnities for damage to goods, the insurer, subject to the limits set for mandatory insurance, will compensate parties for any damage for which the driver of the vehicle is liable pursuant to the terms of Article 1.902 of the Civil Code, Article 109 and related articles of the Criminal Code, the Motor Vehicle Transit Liability and Insurance Act, and any other legally applicable rules.
Applicable to liability types A, B and C
Procedure to follow in the event of a claim (Liability, defence of the insured)
Type B: Voluntary liability insurance
Own damage to the insured vehicle
The following is not covered:
a. Any damage caused by the injuries or death of the driver of the insured vehicle.
b. Damage sustained by the insured vehicle due to objects it is carrying and by property owned by the policyholder, insured, owner or driver, as well as by any of their spouses or relatives to the third degree of consanguinity by blood or marriage.
c. Personal injuries or material damage due to theft of the insured vehicle, understood exclusively as those acts classified as theft or unlawful taking of a motor vehicle in Articles 237 and 244 of the Criminal Code, respectively, the indemnity for which is payable by the Insurance Compensation Consortium.
d. Personal injuries and
material damage caused when the driver is driving under the influence of alcohol, toxic drugs, narcotics or psychotropic substances. Without prejudice to the insurer's right of recourse against the insured, this exclusion shall not apply to the injured party.
e. Personal injuries and
material damage caused when the driver of the vehicle does not hold a driving licence. Without prejudice to the insurer's right of recourse against the insured, this exclusion shall not apply to the injured party.
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