Motor hull | Pro Laywers

Automotive vehicle insurance refers to insurance within the scope of insurance liability vehicle suffered natural disasters or accidents caused by the loss of vehicle insurance, the insurer itself, in accordance with the provisions of the insurance contract compensation. 　

A, motor hull insurance liability

1 the insured or permits the driver in the use of insurance vehicle process, due to the following reasons caused the loss of vehicle insurance, the insurer is responsible for compensation. 　

The insured or allows the driver, should have two conditions: first, the insured or the allow drivers refers to the insured and the insured appointment, employment or accredited driving of vehicle insurance personnel. Second, the driver must hold a valid driving license, driving and driving with provisions of vehicle and driver's license; driving rental business or car passenger train driver must also have issued by the Department of transportation management license certificate or other necessary certificates, or is disqualified. 　

The use of vehicle insurance refers to insurance vehicle process: the whole process as a tool to be used, including travel and park. For example, the crane wheel is fixed insurance after the hoisting and unloading work belongs to the use. 　

Automobile insurance clause insurance liability with column Ming, not listed do not belong to the responsibility of insurance. Direct loss provisions specified in the accident or natural disaster insurance vehicle, the insurer is responsible for compensation. Disaster accident agreed car damage insurance provisions include the following categories:

1) collision, overturned, fall

(1): refers to the insured vehicle collision with the external static or moving objects in the accident impact. The impact includes two types: one is causing the insured vehicle and external objects impact the vehicle losses; two is the insurance according to the "Regulations" vehicle of the people's Republic of China road traffic management regulations on vehicle loading carrying goods (when the vehicle loading of goods does not comply with the loading rules, the matter shall be submitted to the traffic control department of the public security the approval, and run according to the specified time, route, speed), vehicles and goods that is regarded as one of the cargo, and external objects impact the vehicle loss. At the same time, the collision should be insured vehicle is in direct contact with the external objects. The artificial scratch insurance vehicle does not belong to the insurance liability. 　

(2): Insurance overturning vehicles due to natural disasters or accidents caused by itself, overturned, the touchdown, which lost its normal state and driving ability, driving not recovered by rescue not. 　

(3): refers to the falling insurance vehicle accidents in driving, vehicle flight (including flip 360 degrees), still the four round with the loss. 　

2) fire, explosion

(1) the fire: out of control in time or space on the disaster caused by burning. Disaster caused by accidents listed here refers to the vehicle itself outside the fire and the basic insurance for the vehicle damage insurance combustion, resulting in the loss of vehicle insurance.

(2) explosion: refers to the chemical explosion, namely the object in the fast decomposition or combustion emit large amounts of heat and gases, and with a lot of pressure spread around, forming a destructive phenomenon. The engine exploded and burst because of its internal reason, the tire explosion, do not belong to the insurance liability.

3) external object falling, falling

(1) external object falling: insurance vehicle or aircraft air meteorites falling objects caused by the damage, the liability insurance.

Hanging crane hook or off and lifting arm broken, caused the loss of vehicle insurance, also belong to the insurance liability. But the crane itself in operation since the hook, lifting arm up and down onto the loss of vehicle insurance, do not belong to the insurance liability. 　

(2) the external objects collapse: insurance vehicle other than itself, composed of matter and occupy a certain space of individual fall or depression, caused the loss of vehicle insurance. Such as, the ground or underground buildings collapsed, causing damage to the vehicle insurance dumping of trees, all belong to the insurance liability. 　

4) storm, tornado

(1) the storm wind speed: 28. 5m/s (equivalent to 11 levels of gales) above. In the master, as long as the wind speed of up to 17.2m/s (equivalent to 8 wind), caused the loss of vehicle insurance, the insurance liability. 　

(2) the tornado: a small and short time of violent cyclone, the average and maximum wind speed in general 79-103m/s, extreme maximum wind speed is generally more than 100m/s. 　

5) lightning, hail, rainstorm, flood, tsunami

(1): lightning disasters caused by lightning strike. Due to direct lightning hits the insurance vehicle or the loss of vehicle insurance caused by other objects, all belong to the insurance liability. 　

(2): the hail hail disasters caused by the landing. 　

(3): per hour storm rainfall of more than 16mm, or 12h continuous rainfall of more than 30mm, or 24h continuous rainfall over 50mm. 　

(4) the flood: where the river flooding, flash floods, tidal land and backward, resulting from the loss of vehicle insurance bubble, inundation loss, all belong to the insurance liability. 　

(5): the tsunami was caused by an earthquake or storm sea great fluctuation, according to the cause for earthquake and tsunami and storm tsunami. Because the tsunami that inundated water ashore, foam loss, washout of vehicle insurance belongs to the liability insurance. 　

6) subsidence, ice trapped, cliff collapse, avalanche, debris flow, landslide

(1) the surface subsidence: sudden subsidence caused the loss of vehicle insurance, the insurance liability. 　

(2): in the ice in the traffic control department of the public security to allow vehicle ice, insurance vehicle through the ice, sudden subsidence caused the loss of vehicle insurance, the insurance liability. 　

(3) cliff collapse: cliff, cliff due to natural weathering soil, rain erosion and crack up, or mountain rock falls, or rain makes the mountain soil moisture and collapse, resulting in loss of vehicle insurance, the insurance liability. 　

(4): large amounts of snow avalanche burst phenomenon. 　

(5): sudden outbreak of debris flow in saturated with sediment, rock slide. 　

(6): the rock or soil landslide slope instability under the action of gravity suddenly slipped down. 　

7) the ferry carrying insurance vehicle suffered natural disasters (limited to caregivers driver vehicle). Insurance vehicles on the way, because of the need to cross the river, the lake, to return to the road and the driver transition, the vehicle on the ferry, and car care to the other side, this time because of natural disasters, resulting in loss of vehicle insurance itself, the insurer shall make compensation.

The transition from the ship carrying vehicle insurance, passenger ship, passenger and cargo ships or ship and other means of transport, do not belong to the insurance liability.

The 2 time when the insurance accident occurs, the insured to prevent or reduce the loss of vehicle insurance paid for the necessary, reasonable labor expenses, shall be borne by the insurance, the maximum amount not exceeding the insured amount. 　

Vehicle insurance within the scope of insurance liability in suffering from natural disasters or accidents, in order to reduce the loss of vehicles, to take reasonable expenses the rescue, protection measures of expenditures, the insurer is responsible for compensation. This fee does not include the cost of repairing the vehicle, the maximum amount of compensation shall be limited to the insured amount. 　

The rescue measures refers to occur within the scope of insurance liability disasters or accidents, to reduce and avoid the rescue acts performed by the loss of vehicle insurance. 　

Protection measures within the scope of insurance liability is refers to natural disasters or accidents happen, in order to prevent the loss of vehicle insurance to expand and increase behavior. For example, the vehicle damage insurance can not travel, reasonable cost of hiring at the scene of the accident. (no more than 3 days, 3 people every day, according to the average income of labor calculation), by the local departments concerned certifying can compensation. 　

The reasonable expenses refers to protection, rescue behavior costs are direct, necessary, and in accordance with the provisions of relevant state policies.

The insurer costs in dealing with the above have some specific provisions. In the specific application should pay attention to the following 9 principles:

(1) the insured vehicle when a fire occurs, the insured or the allowed for drivers to use other non professional fire units of fire fighting equipment, consumption of rescue insurance vehicle reasonable costs and equipment should be compensation for the loss. 　

(2) the insured vehicle after be or get out of danger, loss of normal running, the insured person to hire cranes or other vehicle to carry on the rescue costs, as well as the accident vehicles hauling to the nearest repair plant transport costs, according to the relevant administrative departments approved charges or the car repair costs 20% (whichever is lower), the insurer shall be responsible for. 　

(3) in the rescue process, the property of others and damage due to the rescue, shall be liable for compensation if the insured, the insurer may be liable for. But in the rescue, rescue personnel and loss of personal belongings loss, no compensation.

(4) in the rescue vehicle damage insurance vehicle road haulage accident, loss of vehicle insurance extension and costs increase, if the rescue vehicle is insured themselves or others sent rescue duty, give compensation; if the rescue vehicle is employed, refuse to compensate. 　

(5) after the Chuxian vehicle insurance, the insured or their representatives to the accident scene processing costs, shall not be responsible for. 　

(6) the insurer of insurance vehicle rescue, protection is responsible for the cost of. For example, the insurance vehicle after insurance accident happens, the damaged vehicle and cargo insurance (or its towing uninsured Trailer) was also save, save money (or ambulance uninsured Trailer) costs should be removed. If their treatment costs divided not clear, they should be the insured vehicle and goods (or uninsured Trailer) were allocated in proportion to the actual value of the compensation. 　

(7) insurance vehicle for imported cars or special vehicle, place within the insurance after the accident, accident recently confirmed repair shop or a local repair shop do not have the ability to repair, after obtaining the consent of the insured, the car will be transferred to other repair plant or to the field of repair of the transfer fee, to be responsible for. But the escort vehicle insurance personnel's salary and travel expenses, shall not be responsible for;

(8) rescue protection costs (including cranes and trucks cost) and repair costs should be calculated separately. When the vehicle total loss no rescue value, not to the rescue expenses. The residual part if there is a certain value, may be appropriate to give a certain treatment costs, but shall not exceed the value of 10%. In the rescue, if charges up and repair the rescue protection cost, estimated to have reached or exceeded the amount of insurance, can be constructive total loss compensation, but the insurer does not accept the transfer of rights. 　

(9) the insured vehicle place within the insurance after the accident, the parking fees, custodial fees, buckle and all kinds of fine fare, the insurer shall not be responsible for. 　

Two, motor hull liability exemption

The losses and costs of vehicle insurance, the insurer shall not be liable for:

(1) the natural wear and tear, rot, fault, damage to tires alone. 　

The natural wear: a vehicle due to mechanical loss caused by the use of. 　

The rot: refers to the parts and harmful gas, liquid phase contact, corrosion damage. 　

The problem of vehicle fault: due to the occurrence of a component or system performance, affecting the normal work of the vehicle. 　

The tire damage alone: Insurance vehicles in use process, no matter what the causes of tire alone breakage. 　

But due to natural wear and tear, rot, fault, tyre damage insurance accident (such as collision, overturned, etc.) caused by other parts of the loss of vehicle insurance, the insurer shall be liable for. 　

(2) broken glass alone, no collision traces body scratch. 　

Broken glass alone: refers to any reasons caused by broken glass alone. The glass comprises a windshield glass, window glass. 　

(3) artificial direct supply, high temperature baking losses. 　

Artificial direct supply: without fuel normal oil supply system for vehicle. 　

High temperature baking: whether or not the use of fire, where a violation of the rules of safe operation of the vehicle heating, baking temperature behavior. 　

Spontaneous combustion (4) and unknown causes the loss caused by the fire. 　

Spontaneous combustion: refers to the vehicle electrical appliances, circuit, fuel supply system failure or cargo itself causes a fire burning. Means no outside source of vehicle insurance, also did not collide, the overturning of the case, because the car insurance car oil or electric appliances, circuit, fuel supply system, carrying goods itself problems caused by fire. 　

Unexplained fires: Public Security Fire Department "the fire reason recognition" in the book as a fire of unknown fire causes.

(5) suffered the loss of insurance coverage, without the necessary repair continue to use, so that the losses are part of the expansion. Means vehicles because of the insurance accident occurs after suffering the loss, not timely and necessary repairs, or repair the vehicle does not meet the normal standards and continue to use, resulting in the loss of vehicle insurance part of the expansion. 　

(6) outside the vehicle standard, new equipment uninsured losses. 　

(7) started in the flooded and exhaust or intake pipe water flooded after, or without the necessary processing and start the vehicle, resulting in engine damage. The insured vehicle exhaust tube in flood and water flooded after the start or improper operation resulting in engine damage. 　

In the process of vehicle insurance or running in the park, was flooded and exhaust pipe, the driver to start the vehicle or start the vehicle using the inertia; and vehicle flooded after transfer to high, or water back without the necessary processing and start the vehicle, engine damage caused by bad. 　

(8) insurance the goods carried by the vehicle crash, collapse, collision, leakage loss. 　

The car hit the cargo loss: refers to the insurance of vehicle, car goods and the vehicle collision, resulting in the car loss. 　

The goods carried by the vehicle crash: refers to the insured vehicle loading of goods from the car from falling or property of others others. 　

(9) motorcycle park during the tip losses. A two wheeled motorcycle or moped park during the loss caused by the vehicle overturned. 　

Three, determine the car hull insurance amount

(a) determine the hull insurance amount of automobile

The amount of insurance loss of vehicle insurance by the insured and the insurer from the following 3 ways to choose negotiation, the insurer shall bear the corresponding liability for compensation according to the different way of determining the amount of insurance. The 3 way is the insurance amount is determined and the corresponding loss of vehicle insurance claims processing basis. 　

(1) according to the insurance insurance vehicle new car to purchase price. Insurance contract in new car to purchase price shall refer to the insurance contract, signed the purchase and the insured vehicle type the new car in the insurance contracts (including the vehicle purchase tax, surcharge) price. 　

(2) the actual value is determined according to the insurance vehicle insurance. The actual value of the insurance contract refers to the type of vehicle market new car to purchase price minus the vehicle depreciation amount after the price. The depreciation rate is shown in table.

Depreciation by every 1 years after 1 years, 1 years of part of the problem, excluding depreciation. The depreciation rate according to the relevant provisions of the state, but the maximum amount not exceeding the insured insurance depreciation vehicle new car to purchase price of 80%. 　

(3) in the insured vehicle new car insurance purchase price, shall be determined by the insured and the insurer. The insured amount shall not exceed the way the same type of new car to purchase price, more than part of the void. 　

The above provisions determine insurance amount loss of vehicles and the corresponding insurance claims processing basis. The applicant and the insurer may be based on the actual situation, choose one of the new car to purchase price, the actual value, consultative value 3 method to determine the amount of insurance. In principle the new press the new car to purchase price insurance, car can be determined by the insured and the insurer the voluntary agreement in 3 ways, but in different ways to determine insurance amount directly influences and determines the time when the insurance accident occurs, the calculation principle of insurance compensation. 　

(two) the new equipment other than the insured vehicle standard

Should the device name and price list in the insurance contract, and according to the actual value of the corresponding increase in the amount of insurance device. The new equipment of vehicle insurance together with depreciation. 　

Treatment of claim four, motor hull

(a) the insurer's compensation

1 according to the insurance insurance vehicle new car purchase price of insurance amount

(1) occurred in all the losses, calculation of compensation in the insurance, the insurance amount is higher than the insurance accident insurance vehicle real value, to calculate the actual value of compensation according to the insurance accident insurance vehicle. 　

(2) where there is a partial loss, the calculation of the compensation according to the actual cost of repairs, the actual value but not over the insurance accident insurance vehicle. 　

The actual value of 2 according to the insurance insurance vehicle insurance amount or determine insurance amount

(1) occurred in all the losses, the insurance amount insurance accident insurance is higher than the actual value of the vehicle, to the actual value of insurance accident insurance vehicle insurance amount calculation of compensation; equal to or lower than the insurance accident insurance vehicle real value, calculated according to the amount of insurance compensation. 　

(2) where there is a partial loss, according to the insurance amount and the insured insurance vehicle new car purchase price was calculated as the ratio of the actual value of compensation, but not over the insurance accident insurance vehicle. 　

Method: the vehicle damage insurance compensation during the effective period of automobile insurance contract, insurance vehicle insurance accident loss or expense, insurance compensation in accordance with the following provisions:

The total loss total loss: including the actual total loss or a constructive total loss. Actual total loss refers to the whole vehicle damage insurance or insurance vehicle repair damaged, lost value; constructive total loss refers to the cost of repairing the insurance vehicle reaches or exceeds the actual value at the time of the accident, the insurer constructive total loss. Vehicle insurance occurred in all the losses, if the insured amount is higher than the actual value at the time of danger, calculated according to the actual value of compensation claim at the time of the. That is:

Loss = (actual value - residual) × accident liability ratio of X (1- franchise)

The actual value of the loss was determined by the following means: purchase price minus the car has been reasonably determine the depreciation amount of use value after be or get out of danger when the vehicles of the same type market new car; or in accordance with the claim that the similar models, similar use time, use of vehicles were similar in the market transaction price determination. Depreciation by every 1 years after 1 years, 1 years of part of the problem, excluding depreciation. The depreciation rate according to the relevant provisions of the state, but the highest depreciation amount does not exceed new car to purchase price of 80%. 　

Vehicle insurance occurred in all the losses, if the insured amount is equal to or lower than the actual value was calculated out, according to the amount of insurance compensation. That is:

Loss = (insurance salvage) × accident liability ratio of X (1- franchise)

The partial loss: refers to the insurance vehicle damage, does not meet the "local" or "loss of damage degree of constructive total loss". Insurance amount insurance vehicle according to the insurance at the new car purchase price fixing, regardless of insurance amount is lower than the loss at the time of the new car to purchase price, partial loss compensation in accordance with the actual cost of repair. That is:

Loss = (the actual repair costs - residual) × accident liability ratio of X (1- franchise)

Insurance amount insurance vehicle is lower than the insured car purchase price, partial loss according to insurance amount and the insured car purchase price ratio calculation of compensation. That is:

Loss = (the actual repair costs - residual) * (the amount of insurance / new car to purchase price) × accident liability ratio of X (1- franchise)

The highest amount of vehicle insurance claims and rescue fees shall be limited to the insured amount. According to the partial loss of vehicle insurance indemnity amount plus a deductible amount and the amount of insurance, the insurance liability after the loss of vehicle insurance termination. But the insurance vehicle in the insurance period, no matter what happens once or multiple times within the scope of insurance liability part of the loss or expense, as long as each claim and the deductible amount and has not reached the amount of insurance, the insurance liability is still valid. 　

3 rescue costs of compensation mode

Sue and labor expenses shall be calculated separately in the insurance vehicle amount of damages, the maximum not exceeding the insured amount. 　

Treatment costs only, the necessary insurance vehicle reasonable rescue expenses. Be rescue property insurance contract, containing not insured property, pro rata rescue insurance vehicle and rescue the property value. In proportion to the actual value of the total cost of the rescue rescue property according to the actual value of the insurance of vehicle. The specific calculation formula for:

(1) the insured amount is equal to the insured vehicle purchase price:

Treatment costs = actual expenses: * * (the proportion of insurance accident vehicle real value / actual rescue property value) * (1- franchise)

(2) the insured amount is less than the insured vehicle purchase price:

Treatment costs = actual expenses: * accident liability ratio of X (insurance / new car to purchase price) * (actual value / actual rescue vehicle insurance property value) * (1- franchise)

(two) treatment of residual value of vehicles

Insurance vehicle suffered after the loss to the residual part of the insured, its value is determined by both parties through negotiation, and deduction in the indemnity.

Treatment method of residual value of vehicles insurance accident, the remaining part of vehicle insurance losses has value, the insurer shall consult with the insured to the insured value reduction, and deducted directly in the calculation of loss at. Third party property after suffering the loss value according to the processing. 　

(three) the provisions of the franchise

According to the liability insurance vehicle drivers are negative in the accident, the insurer in terms of appointment based on Calculation of compensation, according to the following franchise deductible:

(1) negative full responsibility for the franchise for 20%, bear the main responsibility exempts the odds of 15%, bear coequal responsibility exempts the odds of 10%, negative secondary responsibility exempts the odds of 5%. 　　

Calculation of vehicle insurance each insurance accident and compensation should be implemented according to the principle of accountability deductible. The vehicle damage insurance (including the third party liability insurance) insurance losses by both parties, should be based on liability insurance vehicle drivers are negative in the accident, the deductible franchise, in accordance with the franchise deducted a certain amount (i.e. the insured own liability): negative accident responsibility and unilateral accident, deducted from the payable the amount of compensation of 20%, the main negative accident responsibility, deducting claims payable amount 15%, the same negative accident responsibility, deducting claims payable amount 10%, secondary liability accident, deduct claims payable amount 5%. 　

(2) the unilateral accident franchise for 20%. Unilateral accident is not involved in compensation and damages to third parties related to the accident, but not caused by natural disaster accident. 　

The specific meaning to clear the unilateral accident, clear and natural disaster accidents do not belong to the unilateral accident insurance, listed vehicle basic clauses in the natural disaster caused by the accident insurance, the insurer shall not deduct deductible. 　

(3) liability insurance vehicle insurance occurred within the third party should be responsible for compensation for loss, did not find the third party, the franchise for 20%. 　

(4) in violation of regulations on safe loading of franchise, increase 5%; for violation of safety led to the accident insurance loading provisions, the insurer shall not bear the liability of compensation. 　

(four) the accident vehicle repair

After insurance accident happens, the insured and the insurer shall determine the insurance vehicle repair project, and cost, can choose the garage, can also choose the insurer recommended repair factory repair. 　

Recommended by the insurer's auto repair qualification shall not be less than two. Insurance vehicle repair, the insurer can be entrusted to the insurer directly and repair factory clearing repair costs, but should be insured by their burden except for the part. 　

(five) the right of subrogation

The insurance accident caused by damage to the third party of vehicle insurance, insurance people paid indemnities to the insured, the amount of compensation, the scope of subrogation insured to third party the right to compensation. 　

(six) to terminate the insurance contract

The following cases, the insurer to pay reparations after the termination of the contract, the insurer shall not refund, automobile insurance and additional insurance premium:

(1) occurred in all the loss of vehicle insurance. 　

(2) the actual value according to the insurance insurance vehicle insurance amount, an amount of compensation and the deductible amount and (not including rescue fees) actual value to the insurance accident insurance vehicle. 　

(3) the actual value of the insured amount is less than the insured when the insurance vehicle, a claim and the amount of deductible amount and (not including rescue fees) to the amount of insurance. 　