The car accident occurred insurance are loss insurance company links, most of the insured in accordance with the amount of the claim loss insurance company. As long as the individual customer claims in accordance with the actual repair expenses claims by the insurance company to court, but will get the support of the court. Where is the problem? The insurance company will be damaged without binding to the customer?

    One, the meaning of loss insurance company

    What is on the damaged car damage the nature of insurance company? From the insurance provisions of view, is not very clear. From the insurance company itself, repair cost determines the amount of compensation, but also determines the economic benefit of the insurance company, control the cost of repairs to control excess of loss must be the means; from another point of view, this is also the vehicle repair industry repair fees chaos inseparable -- imagine, if the car repairs are as waste by weight, where still use wear to the insurance company to put so much energy loss? From the insured, to the government to open the garage, the insurance company should recognize the rationality for the repair, if unreasonable insurance company should come up with convincing evidence -- but so in repairs standard chaotic circumstances it is basically impossible. As can be seen from the following case, the court is the insurance company for the loss is the insurance liability verification, instead of the amount of loss verification without evidence of.

    Therefore, the insurance company insurance should belong to the unilateral determination of loss, and no binding to the customer.

    Two, the meaning of insurance company designated repair plant

    Insurance companies in addition to the loss, but also often designated repair plant. In the designated repair factory case, damage criteria can be implemented, but also by the customer designated repair shop often criticized, also be restricted by the insurance supervision department. Customers always want to4SRepair shop, the insurance company in the absence of4SShop clause does not allow such. Customers in the insistence by exclusions, to appeal to the court, the insurance company is still to calculate the compensation in accordance with the actual cost of repairs.

    Three, how to solve the contradiction between the insured vehicle repair standards?

    From the customer perspective, designated repair shop repair the car in the non, cost more than the loss, the insurance company difficult to prove the decline; from insurance companies, in accordance with the loss in designated repair shop repair, also can ensure the repair quality, customers also no evidence to suspect loss insurance company and the rationality of designated repair plant. The problem is the active party in the customer, customers have a choice repair factory rights; compensation insurance companies to fulfill their obligations and rights are not "". The compensation from the insurance companies have no choice? In property insurance compensation[1]Once done, the insurer can choose the right way of compensation. The insurance company if you choose to fix the way of compensation, option specifies the repair shop is their own, unfortunately car insurance provisions of domestic only agreed to pay compensation for the losses, but no clear agreed compensation way: cash compensation, compensation in kind or to restore the loss?

    In the case of no agreement on compensation, insurance clause could damage and repair factory specified matters agreed? For this restricted the rights of the insured clause, if there are no other on the price, it is easy to be referred to as unconscionability was ruled invalid.

Kang Guojun.

Case:

Insurance standard dispute court to repair Fei Weizhun

2009Years11Month23Day 16:37China consumer news

Newspaper reporter Nie Guochun

If the insured automobile traffic accident insurance company, according to the verified amount claim, or the actual repair fee payment? Beijing Shunyi District people's court, compensation standards to repairs shall prevail.

2008Years1Month, Mr. Wu, for all its car insured amount20Third party insurance million, limit2.4Million vehicle damage insurance and non deductible special risks. The insurance period, Mr. Liu Wu first students hired driver driving the vehicle traffic accidents, causing two car damage. After the accident, Mr. Wu is reported to insurance companies, and the insured car sent to the repair shop to repair, to pay for the repairs6773Element. But claims to insurance companies suffered a decline, the proper court.

The insurance company that: according to the insurance contract agreement, after a traffic accident, the vehicle shall be approved by the insurance company to repair surveying. Therefore do not agree with the plaintiff's unauthorized repair and expansion of the loss loss.

The court held that: after a traffic accident, Mr. Wu in accordance with the provisions of the insurance contract report to insurance company, insurance company also checked the vehicle loss. Although Peter to pay higher insurance repairs, the verified amount, but the vehicle repair company provides evidence that the loss of vehicles is objective existence. The insurance company about Mr. Wu to fix the losses expanded excuse comments are not admissible evidence to prove it, so court to confirm Mr. Wu that repairs amount, the insurance company shall compensate Mr. Wu insurance6773Element.