Car damage insurance claims and accident and liability ratio case

      Heilongjiang Jiang Ming law firm Lawyer Liu13804534090

          Xiangjiang road in Xiangfang District of Harbin City1No.

   The vehicle damage insurance claim amount should not consider accident liability ratio of the cause of the accident and the insured shall assume, as long as the insured vehicle for insurance accident loss, the insurer should be in the amount of insurance within the scope to be the actual loss compensation insurer's car loss danger, format clauses and insurance company according to the proportion of liability accident insurance assume the responsibility of invalid.

   2010Years*Month*Day, Liu for all his blackA*****Songhua River light trucks in ChineseTProperty insurance Limited by Share Ltd Heilongjiang branch (hereinafter referred to as the insurance company insured insurance), motor vehicle insurance, pilfer, commercial third party liability insurance, the personnel on the car seat risks and non deductible, and full payment of the premium. The insurance contract (the contract of insurance is provided by the insurance company contract format) clause thirteenth: standard vehicle is damaged because of insurance accident, should be based on the principle of trying to repair, repair, repair of both must be approved by the traffic administrative department of the public security or other state organs approved for inspection or loss assessment, the insured shall jointly with the insurer examination determine the project cost,, and repair, otherwise, the insurer has the right to re approved. Because insurant causes loss could not be determined, the insurer has the right to refuse compensation. Article fifteenth: unless otherwise agreed in the insurance contract, the insurer insurance based on the vehicle side in the accident responsibility proportion, bear corresponding responsibility for compensation; traffic control department of the public security accident treatment did not determine the relevant laws and regulations and the occurrence of accident liability ratio on the proportion of accident is not clearly defined, the insurer in accordance with the following liability insurance provisions: motor vehicle shall bear all the responsibility of the accident, the insurance at100% proportionate liability accident compensation insurance; motor vehicle shall bear the main responsibility for the accident, insurance at70% proportionate liability accident compensation insurance; motor vehicle shall bear equal responsibility, insurance at50% proportionate liability accident compensation; negative secondary liability insurance of motor vehicle insurance, according to30% proportionate liability accident compensation. The insured in the insurance coverage of Liu Ming bar voice fell, the insured statement format terms, the main content as follows: I have received and read the terms of the insurance clauses, especially with black prominent annotation, exemption from liability of the insurer in terms of content. The insurance is the insurance provisions that clearly understand, agree and accept the proposal contained in the content.

 During the period of this insurance contract in insurance, Zhou driving without a license without a license for two wheel motorcycle in Heilongjiang province Harbin City District Kazakhstan highway a section of a crossroads turn left, and Liu driving the vehicle collision, resulting in a four week, different degrees of injuries, vehicle damage.2011Years1Month in a district of Harbin City Public Security Traffic Police Brigade made traffic accident, finds that: Zhou bear the main responsibility for the accident; Liu for speeding vehicle fails to ensure traffic safety, secondary responsibility for the accident. The vehicle damage identification standard for68487Yuan, Liu pay appraisal cost1000Yuan, the scene of rescue expenses1350Element.

   After the accident, Liu requires insurance companies to pay for the cost of medical expenses and injured personnel a total of more than 40000 yuan, the insurance company refused to. Liu will be the insurance company v. Harbin City District People's court decision, the insurance company pay for all the expenses.

The trial court that: the two sides signed insurance contracts involving insurance exemption clause is partially invalid, the insurance company shall bear the insurance liability, compensation policy holder Liu vehicle loss costs, appraisal fees, fees and the injured for medical expenses. A District People's Court: the ChinaTProperty insurance Limited by Share Ltd Heilongjiang branch in ten days after the verdict in the Han Lei vehicle damages compensation68487Yuan, appraisal cost1000Yuan, treatment costs1350Yuan medical expenses and injured personnel.

   Insurance against the company filed an appeal, the main reason for the appeal:1According to the two sides signed the contract of insurance, the appellee negative secondary responsibility in the traffic accident, the appellant should according to insurance contract30%Liability to pay compensation;2According to insurance contract by the appellant did not submit the subject vehicle repair bill, the appellant should not be compensated, but the court of First Instance judgement insurance companies still bear the obligation of reparation, obviously inconsistent with the contract terms.

Trial court that the insurance clause: "insurance motor vehicle shall not bear liability, the insurer is not liable for the negative secondary liability insurance, motor vehicle insurance, according to30% proportion liability accident calculation of compensation ", the agreement to the third party liability insurance content, rather than the righteousness of the vehicle damage insurance, the terms belong to relieve insurer of insurance liability, terms of format exclusive rights of the insured, such provision shall be deemed to be invalid; although Liu did not submit the invoice, but the accident the loss of vehicle insurance has actually occurred, the amount of loss have been identified. As for the insured Liu is determined according to the appraisal conclusion of damage repair projects, is to make the insurer to vehicle performance at the cost of replacement selection, than the original car performance of parts is more than the original car repair costs, replacement of the poor performance of parts is less maintenance fee. Whether the insured to choose how to repair, had no effect on the amount of compensation for the insurer, insurance claims per capita should be according to the actual loss.

"The true meaning of insurance" is the sharing of risk today tomorrow. Your car insurance purpose is not to claim, but in order to prevent the "event" of the accident. The insurance company as an operating company of course to consider their own economic benefits, will naturally in the formulation of the insurance contract will be conducive to their own terms is preferred. Legal status in when signing a contract between the insured and the insurer of the equality of legal status, on the basis of the "fair" principle and the concept of humanity, when the accident really happens don't despair, don't be intimidated by insurance companies and other powerful groups, to pick up the legal weapons to protect themselves, to fight, to believe that the law was justice, law will give you a fair!