Before 315 2012, China insurance industry association formally announced the "motor vehicle insurance business model provisions", the commercial insurance regulations formally defines the two important elements: one is the amount insured vehicle damage insurance according to the insurance when the actual value of the insured motor vehicle to determine. One is the non defaulting party to their insurance company to claim.

Obviously, the commercial insurance deal to eliminate the despot clause insurance company originally escape responsibility, and effectively safeguard the legitimate rights and interests of the insurer is.

Due to the rapid growth Chinese social car ownership, the last three years has increased to about 50000000 new cars, therefore, the insurance company insurance income increase, also let more and more intense competition in the insurance market.

At the same time, because of China in "that" joint situation on the strengthening of Sino US economic relations, will be clear that the compulsory insurance is open to the foreign insurance companies, China native insurance companies will have to face strong competition from foreign insurance companies powerful.

So, China local insurance company faces huge domestic market, in the face of increasingly stringent industry regulation, and more powerful insurance giant, can make still further progress? Or complacent, self collapse?

On the commercial insurance rules, the impact is the biggest is a required insurance companies without responsibility twelve original give up, implementation of subrogation. The terms "demonstration" provisions, by the third party to the insured motor vehicle damage insurance accident, the insurance company can be in the insurance Xianxingpeifu insured, then subrogation insured to third party the right to compensation. Consumers in the case of vehicle insurance after the accident, in addition to the traditional claim form, can claim directly to the insurance company.

In fact, the subrogation, China "insurance law" sixtieth article has defined third: because of the subject matter of the insurance of damage caused by the accident insurance, the insurance people paid indemnities to the insured, the amount of compensation, the scope of subrogation insured indemnity against the third party rights.

However, subrogation clause is often the insurance company disabled in the actual insurance business. The disabled, is the insurance company would risk in the insurance business to retain in the insured party. Because the provisions to subrogation does not violate the "insurance law". Insurance law is the insurance company can exercise the subrogation right, but does not require the insurance company must use. But in the actual claims, there are insured through their own efforts to obtain the compensation case.

However, when Chinese society more and more car ownership, car accidents increased significantly, while the car consumers are from class high-income to low-income class transfer. Therefore, this happens when the insured for third of the damage compensation cases and more and more, the economic situation involves third party also differ in thousands of ways, the more "bad economic condition third", cannot bear the economic compensation obligation; even has the ability to assume the obligation, but also make every attempt to delay compensation.

The change of market environment of insurance, to the insured a great work and life puzzle. "No liability and insurance exclusions" also let the insured nowhere for help. The social contradiction and therefore are also increasing, even intensified, resulting in unstable conditions.

However, the subrogation products is widespread in developed markets abroad. How to carry out more power and foreign insurance companies are increasingly in the open competition, is an important topic in front Chinese insurance all insurance companies must face.

Therefore, China CIRC issued "motor vehicle insurance claims management guidelines" in February 29th, with particular emphasis on strengthening the management of insurance subrogation.

 "The provisions of article eighty-fifth of motor vehicle insurance claims management guidelines": insurance companies should strengthen subrogation case management approach and business, finance, formulate regulations and compensation cases.

The guidelines in ninety-fifth more clearly the subrogation of insurance obligations: the insurance company shall actively assist the insured liability claims to each other; when the insured person directly to the insurance claim with the insurance company, and the responsibility to each other the right to claim for transfer to the insurance company, the insurance company should conscientiously perform their payment obligation.

Provisions of the guidelines, although clearly the need for insurance companies to carry out the right of subrogation in tone, but still not so firmly.

In March 8th, the China Insurance Regulatory Commission issued a "notice on strengthening commercial auto insurance clauses and premium rate management". The notice very firmly that the China Insurance Regulatory Commission for the protection of consumer interests attitude: because third of the insured motor vehicle damage caused by the accident insurance, insurance companies paid indemnities to the insured, the amount of compensation, the scope of subrogation insured indemnity against the third party rights. The insurance company shall not by waiver of subrogation rights of way to fulfill the responsibility of insurance.

Since then, the insurance company claims in the car business, will bear all the subrogation.

In subrogation work, insurance companies are most concerned about is: the insured damages third, or underinsured, didn't even buy any insurance. The insurance company to subrogation success, the only solution may be to legal action, or into a delay for a long time collection of life.

In 2010, cross strong insurance cover the vehicle 101000000 times; while the vehicle is as high as 207060000, that is to say, up to 50% of consumers do not have the underwriting insurance to pay strong. In all the motor vehicles, a total of 90860000 vehicles, 71640000 vehicles insurance compulsory insurance, that is to say a little more than 20% car owners do not pay the insurance. In all automobile insurance, Che Sunxian insured 41350000, commercial third party liability insurance for the 51950000 cars. That is to say, the so-called third party subrogation, the insurance company has a strong chance of encountering no uninsured or underinsured driver.

There is even no subrogation situation, China business of the insurance company is not particularly good-looking. According to the data, in 2010, cross strong insurance operating losses of 7200000000 yuan, of which, the underwriting loss of 9700000000 yuan, investment income 2500000000 yuan.

Therefore, in the insurance company from the insured subrogation right after he took over, the insurance company will provide a lot of subrogation cases run to and fro, and even spend a lot of money, manpower, the proceeds will not make up.

Chinese insurance industry associations have previously selected Beijing, Xiamen, Liaoning and Chongqing as the first pilot area of subrogation, but from the actual development situation, the pilot city of the situation is not ideal. Taking Beijing as an example, "subrogation" implemented in Beijing 5 months, Beijing insurance industry has accepted 75 applications for the case, involving a total amount of about 1680000 yuan. However, debt collection without fruit phenomenon also occurs.

Undoubtedly, the CIRC determination, subrogation nationwide market time will not wait too long. The subrogation once two or three line to the underdeveloped City popularization, then subrogation failure rate may greatly enhance.

The insurance company may because of subrogation and become a professional debt collection company, the automobile insurance business for Chinese local already not quite boom will be even more severe challenges.

(exclusive feeds the Sina automobile copyright)