Core tips:New car to purchase the full insurance, accident insurance companies actually decline owners loss, decline reason is not a full licence. Following exposure to automobile high and low compensation, but no responsibility does not pay and so the terms of overlord problems, yesterday Day, CCTV "weekly quality report" shelling the auto insurance claims difficult

 

No brand new car The insurance company paid no claim

 

CCTV exposure "auto insurance claims difficult" Experts said the insurance company alleged infringement

 

   New car to purchase the full insurance, accident insurance companies actually decline owners loss, decline reason is not a full licence. Following exposure to automobile high and low compensation, but no responsibility does not pay and so the terms of overlord problems, yesterday Day, CCTV "weekly quality report" shelling "to sell insurance claims, insurance, the insurance company claims that no license plate also can appear when the accident compensation, but rejected the compensation." Experts point out that, it is suspected of damage consumers The right to know and the fair trading right.

 Case: a new car not on the card Don't claim

    The owner in Kunming Gong first before the birthday to buy a car60Many engineering vehicle million, and spent1More than 10000 yuan in the Xuzhou area of the Pacific Insurance Company bought in automobile insurance. The procedures set up engineering vehicle to complete a month, But in the new car28Days out of the accident, the car was out of date temporary license plate. The court of the compensation to Mr. Gong bear27Million yuan. Specify the insurance policy, insurance for a period of2010Years3 Month15Day20When, to2011Years3Month15Day20When theCheck. Mr. Gong's car accident date is2010Years4Month18DayIn insurance, within the term of validity. Unexpectedly, the insurance company has to "no car is Type of licence "on the grounds of refusal.

 

   Exemption clause in the insurance terms in the state: the following conditions, regardless of any reason for any losses and expenses of insurance, insurance per capita is not responsible for: Third the first condition is: the insurance contract in writing unless otherwise agreed, the insurance accident insurance for motor vehicle attack when not issued by the traffic control Department of the public security and other relevant departments of the driving license, license plate, or temporary license plate or temporarily move the cards, or not according to the rules Testing or inspection unqualified. Simple to say is no legal license without compensation.

 

Insurance service is called No license plate

 

   GongMr. thought, had to buy insurance, the car is the frame number and engine number of the insurance, the insurance list the beginning not to write down the license plate number. Moreover, the insurance company that the car without license plate, but in the policy Understand that pay day policy has taken effect. Afterwards, Mr. Gong's lawyer also to insurance companies, insurance company customer service staff said, if the vehicle has no official number plate, in addition to pilfer, other car Insurance programs are normally claim.

 

   GongMr. cannot be China Pacific Property Insurance Limited by Share Ltd Xuzhou Center branch court. The court thought the insurance, the insurance company to pay the court decided that the defendant Gong's brother insurance compensation25Million Yu Yuan, Pacific Insurance upon receipt of the judgement, the official website of CCTV reporter login the Pacific Property Insurance to find the car damage clause, found the original "without lawful license does not pay" clause did not produce any change. And the Pacific Property Insurance Customer service headquarters in the face of consultation, remains clear told reporters, "without a license plate".

 

■ experts

 

Fees do not bear the responsibility The insurance company tort

 

   Publicity sold insurance is a set, another set of terms of the contract is written on this match word to deed, the insurance company practices damage the interests of consumers. Insurance law expert Liu Rui said: "no cards in the know According to the circumstances, bear the insurance, but with no license for, do not assume obligation of compensation, there is no reason...... If no license shall not be liable, in before the licence,(The insurance company)Should not be During the insurance, shall not charge premium." The expert emphasizes, no brand not lose it, no brand also compensate or, in fact is not the key to the problem lies in the "collection, premiums, insurance period starting in turn do not assume insurance responsibility Ren "is the practice of tort.

 

   Deputy director of legal and theoretical research department China Consumer Association Chen Jiancheng, if advance in insurance consumers didn't make it clear, or did not stop to explain some of the terms, including Next, practice on the consumer's right to know, if it is clarified, but did not agree about the risks of the deadline to stop the corresponding adjustment, which bear the insurance obligation period and its practice application about The term is not divided, the alleged attack consumers of fair trading rights to some extent.

 

CCTV's critical auto insurance claims difficult: no brand new car insurance Taibao China tort

2011Years09Month05Day 08:09 Source:CCTV-Weekly quality report

    A number of insurance companies in the sale of insurance propaganda no brand can also compensate, and the insured vehicle without a license case really out of the accident, the insurance company will move out of the insurance clauses, refused to compensate. The expert points out, this kind of behavior of insurance companies has been suspected of violation of consumer's right to know and even bargain rights.

The owner

Naoxin policy

The new car to buy full insurance, accident insurance company should reject owners loss, decline reason is not a full licence. Selling insurance, insurance company claims no license plate can also appear when the accident compensation, but refused to compensate, experts point out that this method of damage the lawful rights and interests of consumers.

[Studio]

Together to create a high quality of life, welcome to "weekly quality report". We have repeatedly reported the column high preserved in the auto insurance industry, low compensation, no fault does not pay and so the terms of overlord, in the broadcast of , China CIRC said it would conduct research in view of the current commercial insurance product management system, commercial vehicle insurance terms and commercial insurance underwriting, claims procedures and service standards are problems, and plans in the9Before the end of the push dynamic industry wide completed commercial insurance products, insurance claims process system to adjust and perfect the work. Today we continue to focus on automobile insurance claims difficult problem, after the owner Mr. Gong bought the new car immediately took1Thousand dollars to buy a full auto insurance, however let Mr. Gong beat all is in new cars bought less than a month's time, the vehicle accident, but Mr. Gong is unexpected, although he bought full insurance, but he was in a car accident losses, the insurance company refused to pay, what the hell is this?

[The text]

Not long ago, together with the China Insurance Company case, the start empty-handed venture in Kunming Gong Shenghui, Gong Shengmu brothers drove almost be driven into a corner, a 40 year old man mention insurance couldn't restrain her tears.

Originally, Gong's brother Liashiduo has been on years to do occupation driver, car owners to work for a living, after trials and accumulated more than ten years, in March last year, the brothers finally decided, own a car, start a business.

[Over the same periodOwner Gong Shenghui]

Because now own a little way out, just this.

[The text]

The engineering vehicle to make a living on the Gong's brother, value60Million yuan, in order to guard against possible risks, the brothers bought a car in Jiangsu, did not dare move, the first to buy a total value of thirteen thousand yuan. risks, then, was to drive back to Kunming. The brothers immediately to ban vehicles returned to Kunming after the settlement, because the City Hall preferential policies for engineering vehicle certain preferential policies, but requires approval, so that the truck down hand continued to be in a month or so, however, a new car for twenty-eighth days, the car out of the accident, and then temporary license plate car has expired.

[Over the same periodOwners of lawyer Zhang Honglei]

In the2010Years4In June, the traffic accident occurred when no official backing plate, when you give a child killed. Then Gong brothers first became the defendant, were children, the children of the family to come to a people's court. Finally, the people's court quickly make decisions, by Gong's brother bear the compensation of the dead27Million yuan.

[The text]

Gong's brother after pressure is very great, but at the same time to think, to buy their own insurance, the third party liability insurance limit up to50Million yuan. So in any case, the27Million yuan compensation should be able to guarantee. But the fact that the trend is beyond expectation.

[Over the same periodOwners of lawyer Zhang Honglei]

For the insurance company, insurance company is a refusal, refusal reason is that you have no formal licence

[The text]

China Insurance Company for a very simple reason, Gong's brother to they bought the car insurance is not false, but in terms of insurance to Gong's brother to clear such Disclaimer: any of the following circumstances, regardless of any causes the insurance of motor vehicles of any losses and expenses, insurance is not responsible for compensation: the per capita article third the first situation is: unless otherwise agreed in writing to the insurance contract, insurance accident insurance of motor vehicles no public safety traffic management departments and other relevant departments issued a driving permit, license plate, or temporary plate or temporary mobile card, or not according to the provisions of the inspection or inspection unqualified. Simple to say is no legal license without compensation.

At the same time, the insurance company is also proposed, according to the "Regulations of the people's Republic of China Road Traffic Safety Law" article eighth:"The State practices a registration system for motor vehicles, motor vehicle traffic management by the public security organs registration , be on the road, not yet registered motor vehicles traveling on the road temporarily, a temporary pass shall be obtained."Gong's brother's car when the accident happened, no formal plate or temporary license plate, so the accident is does not conform to the law on the road, belonging to the provisions of the contract liability exemption range, is Gong brothers default, so the insurance company should not assume liability to pay compensation.

In this regard, Gong brothers think, the insurance company said now seems very reasonable, however, the insurance company said the more reasonable, the more they think impassability.

[earlier] owner Gong Shenghui

The car we bought insurance, only the frame number, engine number, with which we have a contractual relationship, since it knows, that he should not sell me.

[Abstract]

• Gong's brother said, had to buy insurance, the car is the frame number and engine number of insurance, insurance list simply start not to write down the license plate number. Moreover, in the insurance companies that the car without license conditions, the policy clearly stated policy has been in force on the day of payment.

The reporter checked, discover, Gong's brothers and the hands of the Pacific Insurance Company God driving protecting products policy, with the insured Gong Shenghui's personal information, a vehicle identification code is the frame number and engine number, and indicate the third business liability insurance coverage for50Million yuan, a total of thirteen thousand yuan premium. The insurance policy does not reflect any license plate information.

Attract sb.'s attention is indicated, the policy, the premium to confirm the time for2010Years3Month15On the afternoon of17Point50Divided, insurance for a period of2010Years3Month15On the evening of20Point, to2011Years3Month15Day20Date. Gong's brother's car accident date is2010Years4Month18Day. Obviously this is insurance within the term of validity.

[over] the owner lawyer Zhang Honglei

When the insurance company cannot cover agree without brand new car, in time to claim it is unlicensed car refused to claim, this is stultify oneself. Then it puts forward a question, your insurance company for unlicensed car insurance to sell the policy of us, what is your purpose, you for me without a brand new car can provide what insurance, the insurance company is certainly cannot make out a good case.

[Abstract]

Then, Pacific Insurance only to a car without a license to sell the car insurance? When selling insurance, insurance company is going to say? With these questions. Owners lawyers, call the Gong's brother bought insurance of Xuzhou Pacific Insurance Company Advisory telephone.

[earlier] the lawyer and the Pacific Insurance Company customer service staff

Lawyer: I want to solve two problems: first, the listing is not can(Insurance); second, the future has not officially registered, insurance to compensate problem.

Customer service: you are not on the same can buy insurance, it is said, not on the license, insurance claims are not the same, right, will tell you, other claims, is pilfer claims are not the same, pilfer claims, must it will recognize after you sign. Then the car damage insurance, third party insurance these others are paid.

Summary.

　　Insurance companies to sell insurance claims no license plate can also compensate

　When an accident happens refused compensation

　　Experts pointed out that this practice is suspected of damaging the lawful rights and interests of consumers

　　Over the same period

To some extent, is suspected of violating the rights of consumers even bargain.

Studio.

Mr. Gong when buying insurance, it states that the policy has been in force for, after the accident, Mr. Gong's lawyer to the insurance companies, the insurance company customer service staff also said, if the car car without a formal license plate, in addition to pilfer rush to deal with an emergency, its his car insurance program can be normal claims the. But when Mr. Gong really to claim, the insurance company has to Mr. Gong's car without legal license for the reason to refuse compensation. Then, in the face of this situation, the insurance company should claim it, we continue to see the reporter's investigation.

[Abstract]

However, Gong's brothers the insurance company of the wrong is not, is not that they are most concerned about, the key problem for them is how to solve the large compensation caused by traffic accidents.

[earlier] owner Gong Shenghui

People(Victim)Relatively poor, we are influenced by the economic pressure, but we don't want to lose a life, everyone should stand in the conscience is.

[Abstract]

After the accident, the insurance company has adopted an evasive attitude, Gong's brother has passed around debt way Xianxingpeifu some money.

[earlier] owner Gong Shenghui

Collect about fourteen fifty thousand, our body is not a penny, at that time the car was the traffic police to buckle, then we also have no choice. From last year10Month Xugong money didn't hit, we can not afford, until now also can not afford to fight, we can't.

We hope now is the Xuzhou insurance company, how to say since we bought the insurance, I hope they from formal legal this procedure(Set out)To compensate, we this section is finished, we didn't what other requirements.

[Abstract]

In the process of dealing with the Pacific Insurance Company, Gong brothers received notice of enforcement of court, asking the court to execute traffic accident victims families of Gong's brother's judgment, pay the remaining compensation.

Almost cornered the Gong's brother, eventually pick up the legal weapons, the China Pacific Property Insurance Co Xuzhou Center branch court. Through simple trial, the court thinks, the case facts are clear, the insurance, the insurance company to pay the plaintiff defendant Gong's brother insurance compensation25Million yuan.

Then, Pacific Insurance upon receipt of the judgement, there is no change they sell insurance claims no brand can also compensate, the status of insurance does not pay? Reporters call the Pacific Insurance headquarters advisory.

[earlier] Pacific Insurance Customer Service Headquarters

Reporter: I don't have a license, you can buy insurance?

Is to buy insurance, to sign.

Reporter: I say is commercial insurance?

Commercial insurance can.

Reporter: can buy it?

Yes.

Reporter: after I bought the insurance, what effect?

Which day do you pay for it the day night effect.

Reporter: which day fee which evening will take effect is?

Yes.

[Abstract]

• The reporter logs onto the Pacific Insurance official website to find his car damage clause, found the original without lawful license does not lose the provisions do not change. The Pacific Insurance Customer Service Headquarters still clearly told reporters, no license plate.

[earlier] Pacific Insurance Customer Service Headquarters

Reporter: before I license in no, if a traffic accident, you to lose?

If there is no official number before the record, as long as the other car pilfer rush to deal with an emergency will lose, pilfer to after the formal license plate can lose.

Reporter: I have no licence now, that is to say, the things are not lost, is it?

Stolen and not lose, lose all of the other.

Reporter: all else lose ah, car damage and three have lost is?

Yes.

Reporter: no licence is lost?

Yes.

[Abstract]

Gong's brother, in court, still did not get the insurance company to pay compensation. Pacific insurance does not agree with the judgment of the court, is currently all legal means. The insurance company this stultify oneself, say and do not like behaviour, the association that harm the interests of consumers.

[earlier] deputy director of the research department of law and theory Chinese Consumer Association Chen Jian

• We also pay attention to, in the insurance policy, usually written when the insured, insured the next day began to calculate your insurance period, then there is a problem, is to say if the situation I haven't got a license, you are not to bear the corresponding liability insurance, the insurance you during the calculation, Is it right? Should also corresponding to delay, if is unilateral insurance agent, or the insurance company directly, such ex parte, does not allow consumers to negotiate words, is actually a loss to the consumer rights harm.

[Abstract]]

And the insurance law experts is pierce to the heart of the matter, it was pointed out that the key point of the problem.

Liu Rui: Associate Professor of Law Department of National School of Administration, doctor of civil law and commercial law, insurance law experts.

[] at National School of Administration law department associate professor Liu Rui

I think it is no license, insurance underwriting, this is no problem, as long as the parties agree. But if know that there is no licence conditions, accept insurance, but with no license on the grounds, not for the assume liability, this is unreasonable. That is to say you can stipulate at no license is not liable, this is no problem, but provides no license is not liable, on the other hand without the license, and insurance, this is not a reasonable approach. At least the premium must bear responsibility, especially in the period of responsibility has been calculated for the case, it must bear the responsibility

[Abstract]

The expert points out, no matter how professional, can't override laws.

[] at National School of Administration law department associate professor Liu Rui

A normal practice, I think it is the following: the first is to know the insurance without licence conditions, but also bear no license may cause accident loss, this is a method, both parties be willing, I think there is no licence can be insured, but also can bear the responsibility, this is not the problem. A normal case, without a license, do not assume responsibility, this is also very normal, but if without a license, do not assume responsibility, is in before the licence, shall not start the insurance period, shall not collect insurance, so the responsibility you should be consistent.

[Abstract]

The expert emphasizes, no brand not lose it, no brand also compensate or, in fact is not the key to the problem lies in the collection, the validity of the insurance premium, be in turn does not assume insurance responsibility is tort.

[earlier] deputy director of the research department of law and theory Chinese Consumer Association Chen Jian

If prior to the insurance consumers didn't make a clear explanation, or has no reasonable explanation for some of the terms, including the consequences, in violation of the consumer's right to know, if it is however explained, but did not agree to assume the risk period make corresponding adjustment, that is to say it is the responsibility of insurance term and it actually insured to cover the agreed time limit is not consistent, that somehow suspected violated even bargain rights of consumers.

Studio.

In fact, there are a number of insurance company publicity when selling insurance unlicensed can compensate, and the insured vehicle without a license case really out of the accident, the insurance company will move out of the insurance clauses, refused to vast compensation. The expert points out, this kind of behavior of insurance companies has been suspected of violation of consumer's right to know and even bargain rights. Just this week the court of Gong brothers of this case to make the final judgment, that insurance companies in the case will shall bear the liability for compensation and the premium of the relative, an insurance company shall, in accordance with the agreed compensation insurance gold of insurance contract. For Gong's brothers, their legitimate rights and interests are protected, this is undoubtedly a good thing. But is, in the event and we had a lot of auto insurance reports, all reflect a common problem, that is in the contract of insurance, and the Insurance Company underwriting and claims, there exist a lot of damage to the rights and interests of consumer trap; hope that the China Insurance Regulatory Commission in the research process, to pay attention to this problem, so it is possible to solve the existing problems of automobile insurance industry fundamentally, let the car insurance industry to be more healthy development.