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Law of 12 May 2010 reforming accident insurance

 

The reform on accident insurance, including work accidents, road accidents as well as work-related illness, has recently been published. While the main dispositions of the law will enter into force on January 1, 2011, the practical details for the reimbursement of material damages on vehicles apply as of June 1, 2010.

Reparation of material damages has been reformed and the main dispositions of the Law are as follows:

Corporal injury is no longer a condition to get any reimbursement by the “Assurance contre les accidents de travail”,

Road accidents have to take place on a public road,

An excess (franchise) due by the employee is introduced, fixed to an amount of 2/3 of the minimum social salary (1,121.84€),

The maximum amount reimbursed rises to 5/7 of the minimum social salary, depending on whether it is a road accident (8,413.80 €) or a work (mission) accident (11,779.32 €) while driving for the employer.

The same damage should not be subject to reimbursement by an insurance company.

New practical details for reimbursement have been published by the Board of the Accident Insurance Committee until the adoption of the final statutes.

A request has to be submitted by the employer via the new form, which will be modified on the website of the “Assurance contre les accidents de travail”,

The value of the vehicle is either determined via expert advice on request of the employee or via the official database used by professionals for second-hand vehicles.

Reimbursement in case of vehicle repair will only be possible on the basis of a receipt, and the amount reimbursed can under no circumstances exceed the residual value of the vehicle.

In case of write-off, the residual value will generally be diminished by a fixed amount of 750€.

Expenses for expert advice are reimbursed but not the expenses for recovery, caretaking and replacement of the damaged vehicle.

The details and the new declaration form will be published on the website http://www.aaa.lu/.
 

   
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