The DPVAT - Personal Injuries Caused by Land-based Automotive Vehicles - comprises a type of insurance which compensates the victims of accidents caused by motor vehicles circulating on land. This policy does not cover material damages such as vehicle theft, collision, or fire.
This category does not involve trains, boats, bicycles, and aircraft. This is why accidents involving the latter vehicles are not compensated by the DPVAT Insurance.
The DPVAT insurance is mandatory by law. Law 6,194/74 sets forth that all land-base automotive vehicle owners, with no exception, pay the DPVAT Insurance. The compulsory nature of this tax ensures vehicular accident victims the receipt of compensations, although those liable for the accidents do not bear this responsibility.
The DPVAT Insurance provides three types of coverage:
- DEATH: stemming from accidents involving land-based automotive vehicles or the cargoes carried by such vehicles.
- TOTAL OR PARTIAL PERMANENT DISABILITY: stemming from accidents involving land-based automotive vehicles or the cargoes carried by such vehicles. Compensation amount is calculated on the basis of the percentage of permanent disability found in the Personal Accident Norms. A medical report issued at the treatment and, according to the need, the court expert report is necessary.
- DAMS - MEDICAL ASSISTANCE AND SUPPLEMENTARY EXPENSES (DAMS): stemming from treatment carried out, under medical supervision, on account of accidents involving land-based automotive vehicle or the cargoes carried by such vehicles. The DAMS coverage envisages reimbursement of expense amounts, as duly proven.
Amounts of indemnifications:
- DEATH: R$ 13,500.00.
- PERMANENT DISABILITY: Up to R$ 13,500.00.
- DAMS: up to R$ 2,700.00.
The DPVAT insurance is valid for the coverage of accidents occurring between January 1st. and December 31st. of each year, even though payment is not done on the first working day of the year.
The DPVAT Insurance indemnification amounts are defined by the National Private Insurance Council - CNSP, a body linked to the Ministry of the Treasury. The payment of such payment, in reais, was ratified by law 11,482/07.