[] legal consultationI bought a second-hand car in October this year, when only the car procedures after the household, but not to transfer to other insurance. In November 19th, I am out of the car accident in the grave, I reported to the insurance company, but the insurance company with my insurance did not transfer refused to compensate. Now I want to sue to the court justice, do you think I can win the lawsuit?
   [lawyer Yin say]On the sale of second-hand car without insurance transfer, vehicle traffic accidents, the insurance company will compensate? At present, people's insurance, Pacific Insurance Company Ping An, declined to compensation. The reason is:According to the "motor vehicle traffic accident liability compulsory insurance regulations" eighteenth article: "the transfer of ownership of motor vehicle insurance, shall go through the formalities for motor vehicle traffic accident liability compulsory insurance contract change procedures." "Insurance law" provisions of article twenty-first, "in the period of validity of the insurance contract, the insured and the insurer, after consultation, may alter the contents of the insurance contract." "The change of insurance contract, shall be made by the insurer in the original insurance policy or other insurance certificate notation or attach a rider, or by the applicant and the insurer to conclude a written agreement to change." Therefore, in the vehicle after the transfer, since the original owner (the insured) lost control over the running and operation of the vehicle of interest, insurance interests would disappear, the policy will lapse, so that insurance companies can no longer assume insurance responsibility.

   In fact, the insurance company is wrong. First of all, "insurance law" the thirty-fourth regulation, the transfer of the subject-matter insured shall notify the insurer, the insurer agrees to continue after underwriting, the alteration of the contract in accordance with the law. But there is no legal consequences did not notify the insurer stipulate. Insurance law article thirty-fourth does not belong to effective norms, should not have a material impact on the terms of the contract validity. From the legislative intention, insurance law stipulate motor vehicle transfer need to revise procedures, its purpose is to facilitate the standardization and management of insurance the insured vehicle, prevent false insurance gold or fraud, and is not relieved of liability insurer.

   Secondly, the new "insurance law" forty-ninth stipulates: "the transfer of the insurance object, insurance mark transferee from the right and obligation of insured. The transfer of the subject matter of the insurance, the insured or the assignee shall timely notify the insurer, unless otherwise agreed transport insurance contract and the contract. Because of the transfer of the insurance object leads to significant risk increase, the insurer within thirty days from receiving notice of the provisions of the preceding paragraph, in accordance with the contract, can increase the insurance premium or to terminate the contract. The insurer terminates the contract, it shall be collected in accordance with the contract of insurance, the insurance liability deduction since the date of the termination of the contract date receivable part, shall be returned to the applicant. The notice duty of insured, the assignee fails to perform any of the second paragraph of this article, for the transfer of risk of the subject matter of the insurance increased significantly and the occurrence of an insured accident, the insurer shall bear no obligation for indemnity". Insurance law this modification is undoubtedly reflects the value orientation of law, that is certainly the original contract shall continue to be effective, it is insurance mark transferee reception, the insurer and the insured interest equilibrium.

   Therefore, only relates to vehicles in the transfer of insurance before and after the transfer increased significantly compared to risk, the insurance company can not be compensation, other conditions should be compensation.

   Specifically: the sale of second-hand car without insurance transfer, the insurance company should compensate, with the following conditions:

   A, cross strong insurance, regardless of whether the insurance transfer, road traffic accident, the insurance company should compensate for. Characteristics of cross strong insurance is "car not with the people", regardless of whether the owner change, does not affect the insurance company of the compulsory insurance within the limit of compensation. Of course, if the use of changes in the nature of transfer of ownership of motor vehicles, should be to the insurance company to pay for the increased use of the changing nature of the premium.

   The two part, the commercial insurance, need specific analysis. According to the "insurance law" forty-ninth article,After the transfer of vehicle insurance, by the vehicle's assignee inherited the insured's rights and obligations, when the accident occurred insurance, the transferee as a vehicle owner has the right to require the insurance company for compensation.

   InsuranceThe transfer of the original vehicle, vehicle ownership shall notify the insurance company, but when the insurance accident happens, the original owner of the vehicle transfer fails to notify the insurance company, if the insurer has evidence to prove that the accident was due to the transfer of risk increased significantly, the insurance company shall not be held responsible if the insurer; can not provide evidence, the accident is caused by the transfer of risk increased significantly, the insurance company shall make compensation, and can according to insurance contract requirements increase premium.