Motor vehicle insurance clauses (Chinese Ping An insurance C)
Created:
/Author:
Aaron Lewis
General provisions
The first article of the motor vehicle insurance contract refers to the car, car, car battery, motorcycle, tractor, special vehicle, a variety of special vehicles.
Second this insurance contract is not valued insurance contract, is divided into the basic insurance and additional insurance, the basic insurance for the vehicle damage insurance and three party liability insurance.Additional risks can not be independent insurance, the insurer in accordance with the insurance don't respectively assume insurance responsibility.
Article third insurance vehicles occurred in all the damage or loss, the insurance contract termination.
Fourth this article does not apply to the city of Shenzhen.
The first part of the vehicle damage insurance
Insurance liability
Article 1 the insured or allow qualified driver in the use of vehicle insurance process, due to the following reasons caused the loss of vehicle insurance, the insurer is responsible for compensation:
(a) collision, overturning;
(two) the fire, explosion;
(three) the external objects collapse or fall, insurance vehicle parallel fall;
(five) the ferry carrying insurance vehicle suffered this article (four) of the natural disasters (limited to the driver vehicle caregivers).
The second time when the insurance accident occurs, the insured or the driver to allow qualified insurance vehicle to take rescue, protection measures or nearby the reasonable expenses the transferred to have the corresponding repair qualification repair premises expenditure, the insurer is responsible for compensation.The cost shall not exceed the relevant standards issued out of the local government, and the maximum amount of compensation shall be limited to the insured amount.
Exemption from liability
Article third the following reasons caused the loss of vehicle insurance, the insurer shall not be liable for:
(a) the fire ignition and unexplained;
(two) artificial direct supply, high temperature baking;
(three) the car cargo impact, corrosion;
(four) in violation of the "road traffic regulations" relating to motor vehicle loading;
(five) others deliberately behavior.
The loss of fourth of vehicle insurance, the insurer shall not be liable for:
(a) the natural wear and tear, rot, fault, damage to tires alone (including tires and tire rim);
(two) two and mopeds park during tipping loss;
(three) suffered the loss of insurance coverage, without the necessary repair continue to use, so that the losses are part of the expansion;
(four) broken glass alone;
(five) the insured vehicle wading traffic or was flooded resulting in engine damage;
(six) the impairment loss;
(seven) insurance car whole car was stolen, robbed, robbed, and during this time the damage or loss of car parts, accessory equipment.
Article fifth the following conditions, regardless of any loss or liability insurance economy, per capita is not responsible for compensation:
(a) the war, the military conflict, terrorism, riots, seizure, confiscation, seizure, requisition by government;
(four) non insured or permits the driver of vehicle insurance;
(five) by the intentional act the insurer or allows the driver;
(six) competition, test, in place during the repair repair;
(seven) caused by pollution compensation and compensation;
(eight) the insured vehicle accident, the insured or the third closed down, suspended, power, water, gas stop, stop, interruption of communications and other indirect losses;
(nine) due to computer problems in 2000 loss;
(ten) a vehicle motor vehicles towing (including Trailer) or other towing, two of which at least one without insurance third party liability insurance;
(eleven) the driver drinking, drugs, drugs;
(twelve) the driver in any of the following circumstances:
1, there is no driver's license;
2, the driver license to drive incompatible vehicles;
3, the army or the armed forces driving license driving vehicle; a local driving license driving forces or armed police vehicle;
4, a learner permit learning driving, no coaches vehicle guidance, or not according to the specified time, route learning driving;
5, the internship driving large bus, trolley, crane truck and trailer car, no formal driver and supervision;
6, the internship driving task police cars, fire engines, ambulances, engineering rescue vehicles and vehicle carrying dangerous articles;
7, to learn driving license and internship driving on the highway;
8, the driver holds the examination unqualified or without driving license, the traffic administrative department of the public agree, hold not factual driving license driving;
9, the use of special machinery and vehicles, various effective operation certificate of special vehicles staff issued by the relevant departments of the state without;
10, the public security traffic management department the other belongs to the driving without a valid certificate of.
(thirteen) the escape vehicle accident insurance;
(fourteen) did not sign or do not pay insurance fees within the agreed time limit in the contract of insurance;
(fifteen) unless otherwise agreed in writing to the insurance contract, insurance accident insurance vehicle not issued by the traffic control department of the public security vehicle license and license plate, or not according to the provisions of the inspection or inspection unqualified.
Article sixth the other is not within the scope of insurance liability losses and costs, the insurer shall not be liable for.
Insurance amount
The insured amount of seventh vehicle damage insurance is determined by one of the insured and the insurer to choose the following three ways of negotiation:
(a) press the new car to purchase price;
(two) determined according to the actual value of the insured;
(three) shall be determined by the insured and the insurer.But the insured amount shall not exceed the same type of new car to purchase price, more than part of the void.
The insurer shall bear the corresponding liability for compensation according to the different way to determine the amount of insurance.
Period of insurance and insurance
Article eighth the insurance period is usually for one year.The insured, the insurance period less than a year by a short month rate or insurance premiums, the insurance period is less than one month by month calculation.The calculation formula is as follows:
Short term insurance premium = annual premium * short month rate coefficient
Treatment of claim
Article ninth the insured claims, shall provide the insurance policy, certificate of the accident, accident responsibility book, accident mediation book, judgment, and the list of losses related bills to the insurer.
Article tenth insurance according to the insurance vehicle driver in the accident responsibility proportion, the corresponding liability.
Eleventh according to the liability insurance vehicle drivers are negative in the accident, the vehicle damage and rescue costs compensation in accordance with the provisions of the franchise: the amount of deductible 20% negative total liability, deductible 15% primary responsibility, equal responsibility for the negative 10% franchise, franchise 5% negative secondary responsibility.Franchise unilateral accident is 20%.
Twelfth this insurance increases every accident based on the franchise deductible, deductible in the insured when approved by the insurance supervision and administration department standards stipulated in the insurance contract.The insurance contract may stipulate deductible to zero.
Article thirteenth insurance car is damaged because of the insurance accident, should try to repair.Repair of the insured person shall be jointly with the insurer inspection, determine the project, and cost of the repairs.Otherwise, the insurer has the right to re approved or rejected the compensation.
Fourteenth according to the loss of vehicle insurance, insurance compensation in accordance with the following provisions:
(a) 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) - deductible
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) - deductible
(two) part of the loss
The amount of insurance, insurance according to the insurance of 1 vehicles 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) - deductible
The amount of insurance, insurance of the insured vehicle is less than 2 when the new car to 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) - deductible
Insurance claims and rescue vehicle costs are not to exceed the insured amount.If the insured vehicle part loss of a claim and the amount of deductible amount and is equal to the amount of insurance, the insurance shall terminate.
(three) the rescue of the property with property, not insured to the insurance contract, should be the actual value proportion according to the actual value of the total property insurance vehicle rescue apportion expenses.
Article fifteenth insurance vehicle suffered remnants after the loss, shall negotiate the price, discount to the insured, and deduction in the indemnity.
Sixteenth kinds of the insured to provide the necessary documents are complete, the insurer shall promptly review.The amount of compensation by both parties of insurance contract is confirmed, the insurer compensation closed in 10 days.
Article seventeenth insurance vehicle the terms set out in Article 1 of the loss of insurance coverage shall be composed of third persons responsible for compensation, the insured shall claim to the third party.If the third non payment, the insured shall bring a lawsuit, the court case, the insurer according to written compensate the insured's request, should be part of or all of the compensation according to the insurance contract, the insured shall the right part or all of the Xiang Disan compensation to the insurer, and the insurer to assist the third person; because the insured waives the right to indemnity against the third party or the fault of the insurer is unable to exercise the subrogation rights, the insurer is not liable for compensation or deduct the amount of indemnity.
Article eighteenth insurance vehicle the terms set out in Article 1 of the loss of insurance coverage shall be liable for compensation, third, and did not find the third, insurance compensation, but in line with the 25% franchise within a prescribed scope of compensation.Did not find the third, in a road accident, certificate and issued to the traffic management departments of public security, occurred in other places of the accident issued by the local public security departments, that is.
The insured, the insured obligations
Nineteenth the applicant for insurance shall truthfully declare the vehicle, and the insurance contract or pay insurance fees within the agreed period.
Twentieth maintenance, maintenance of the insured and the operator shall do a good job of vehicle insurance, and in accordance with the provisions of the insurance vehicle loading inspection; must be in accordance with the "Regulations" the road traffic management related motor vehicle loading, keep it safe driving technology state; the insured and insurer driver should be based on proposals to eliminate unsafe factors and risks, timely take corresponding measures.
Article twenty-first in the period of validity of the insurance contract, the insurance vehicle sold, donated, change in the use or increase in the risk exposure, the insured shall notify the insurer in writing in advance and apply for correction procedures.
Article twenty-second the insured shall not be illegal resale, transfer of vehicle insurance shall not engage in illegal and criminal activities; use of vehicle insurance.
Article twenty-third insurance vehicle insurance after the accident, the insured shall take the rescue, protection measures and reasonable, and immediately to the accident to the public security traffic management department report, and notify the company within 48 hours (except force majeure factors); the insured should be in the traffic administrative department of public security traffic accident belong the date that the cause of the accident, nature, responsibility and loss determination within 10 days of the insurer to submit material.
Article twenty-fourth the insured claims shall not conceal the fact, forged documents, manufacturing Jiaan fraud.
Twenty-fifth the insurant, the insured fails to perform the terms of article nineteenth to Article twenty-fourth obligations, the insurer has the right to refuse to pay or from the date of written notice to terminate the insurance contract; paid, the insurer has the right to recover the prepaid insurance indemnity.
Other matters
Article twenty-sixth termination of contract and change
(a) before the commencement of the insurance liability, the insured requests the termination of the contract, the insurer shall return the insurance premium, and in accordance with the "The Chinese peopleAnd the relevant provisions of the insurance law of the people's Republic of China "the relevant standards approved by the insurance supervision and Administration Department of the deductible portion of the fees;
(two) after the commencement of the insurance liability, the insured requests the termination of the contract, the insurer shall "The Chinese peopleAnd the relevant provisions of the insurance law of the people's Republic of China "the relevant standards approved by the insurance supervision and Administration Department of the return of unearned portion of the insurance premium;
(three) the insured is required to change when insurance contract, the insurer shall notify and apply for correction procedures.
Article twenty-seventh the insured shall not be suspended, vehicle insurance into the factory repair or missing and application fee reduction or to extend the period of insurance.
Twenty-eighth no claim in the previous insurance vehicle insurance within the time limit, the renewal can enjoy no claim discount, no claim discount the implementation of relevant standards approved by the insurance supervision and administration department according to the insured.
Twenty-ninth rehabilitation work caused by the accident insurance, the insured person responsible for.
Article thirtieth of the contract dispute resolution is agreed by the insurer and the insured select one from the following two ways:
(a) for the performance of this contract disputes, settled by the parties through consultation, the consultation fails, submitted to the Arbitration Commission for arbitration in accordance with the contract;
(two) for the performance of this contract disputes, settled by the parties through consultation, if the consultation fails, the case to the people's court according to law.
The second part of the third party liability insurance
This insurance is classified into third general liability insurance and third party liability for personal injury insurance, the insured may choose voluntarily insured, but not at the same time the insured.
The first chapter third comprehensive liability insurance
Insurance liability
Article 1 the insured or allow qualified driver in the use process of vehicle insurance, accident, direct damage causes the third suffers from a personal injury or property, in accordance with the law shall be the amount of compensation is paid by the insured, the insurer in accordance with the "Regulations of road traffic accident treatment measures" and the contract of insurance compensation.
Exemption from liability
Article second the following insurance vehicle caused personal injury and property damage, if the insured shall bear the liability for compensation in the law, the Insurers shall not be liable for:
(a) the insured or allows the driver and their family members, and they all or the escrow property;
(two) all personnel and property of the car;
(three) the impairment loss;
(four) the goods carried by the vehicle drop, leakage loss;
(five) any mental damage insurance accident compensation.
Article third the following conditions, regardless of any loss or liability insurance economy, per capita is not responsible for compensation:
(a) the war, the military conflict, terrorism, riots, seizure, confiscation, seizure, requisition by government;
(four) non insured or permits the driver of vehicle insurance;
(five) by the intentional act the insurer or allows the driver;
(six) competition, test, in place during the repair repair;
(seven) caused by pollution compensation and compensation;
(eight) the insured vehicle accident, the insured or the third closed down, suspended, power, water, gas stop, stop, interruption of communications and other indirect losses;
(nine) due to computer problems in 2000 loss;
(ten) a vehicle motor vehicles towing (including Trailer) or other towing, two of which at least one without insurance third party liability insurance;
(eleven) the driver drinking, drugs, drugs;
(twelve) the driver in any of the following circumstances:
1, there is no driver's license;
2, the driver license to drive incompatible vehicles;
3, the army or the armed forces driving license driving vehicle; a local driving license driving forces or armed police vehicle;
4, a learner permit learning driving, no coaches vehicle guidance, or not according to the specified time, route learning driving;
5, the internship driving large bus, trolley, crane truck and trailer car, no formal driver and supervision;
6, the internship driving task police cars, fire engines, ambulances, engineering rescue vehicles and vehicle carrying dangerous articles;
7, to learn driving license and internship driving on the highway;
8, the driver holds the examination unqualified or without driving license, the traffic administrative department of the public agree, hold not factual driving license driving;
9, the use of special machinery and vehicles, various effective operation certificate of special vehicles staff issued by the relevant departments of the state without;
10, the public security traffic management department the other belongs to the driving without a valid certificate of.
(thirteen) the escape vehicle accident insurance;
(fourteen) did not sign or do not pay insurance fees within the agreed time limit in the contract of insurance;
(fifteen) unless otherwise agreed in writing to the insurance contract, insurance accident insurance vehicle not issued by the traffic control department of the public security vehicle license and license plate, or not according to the provisions of the inspection or inspection unqualified;
(sixteen) the whole car was stolen, robbed, during the robbery.
Limit of indemnity
Every accident, the maximum compensation limit of fourth third party liability insurance shall be determined according to different types of vehicles:
(a) motorcycle, tractor, the maximum compensation limit is divided into four grades: 20000 yuan, 50000 yuan, 100000 yuan and 200000 yuan;
(two) the other vehicles in the maximum compensation limit is divided into six grades: 50000 yuan, 100000 yuan, 200000 yuan, 500000 yuan, 1000000 yuan and 1000000 yuan, and the highest do not exceed 10000000 yuan;
(three) The Trailer Insurance and the main engine as a whole.When insurance accident happens, the liability for compensation liability for damages caused by the main trailer as caused by vehicle.The insured amount of compensation and negative to the trailer liability and liability shall be limited to the main vehicle, the main vehicle limit of indemnity.
Period of insurance and insurance
Article fifth the insurance period is usually for one year.The insured, the insurance period less than a year by a short month rate or insurance premiums, the insurance period is less than one month by month calculation.The calculation formula is as follows:
Short term insurance premium = annual premium * short month rate coefficient
Treatment of claim
Article sixth the insured claims, shall provide the following documents to the insurer:
(a) insurance policy;
(two) certificate of the accident, accident responsibility book, accident mediation, court verdict;
(three) and the list of losses on the bill;
(four) the certificate of diagnosis, the medical expenses, hospitalization certificate documents, medication list, the discharge certificate;
(five) the insurer that can determine the property of insurance accident, reason, damage degree and other relevant certification materials.
Article seventh insurance according to the insurance vehicle driver in the accident responsibility proportion, the corresponding liability.
Eighth according to the liability insurance vehicle drivers are negative in the accident, the third party liability insurance compensation in accordance with the provisions of the franchise: the amount of deductible 20% negative total liability, deductible 15% primary responsibility, equal responsibility for the negative 10% franchise, franchise 5% negative secondary responsibility.
The ninth vehicles because of the insurance accident insurance third party property damage, should try to repair.Repair of the insured shall jointly with the insurer inspection, determine the damage and repair, repair and cost of project.Otherwise, the insurer has the right to re approved or rejected the compensation.
Article tenth vehicle third party liability insurance accident, according to "road traffic accident treatment measures" provisions of the scope of compensation, items and standards as well as the stipulations of the contract of insurance, the amount of compensation in the approved quota compensation insurance stated in.The calculation formula is as follows:
(a) when the amount of compensation to the insured according to the proportion of accidents for the over compensation limit:
Indemnity = compensation limit x (1- franchise)
(two) when the amount of compensation to the insured according to the proportion of accidents should be below the compensation limit:
Claims for compensation amount x = (1- franchise)
Article eleventh for the insured to promise or pay the amount of compensation, the insurer has the right to re approved or rejected the compensation.
Twelfth third person's property suffer remnants after the loss, shall negotiate the price, discount to the insured, and deduction in the indemnity.
The thirteenth main vehicle, trailer in different insurance company, the main vehicle, trailer insurer according to the policy of the third party liability insurance premium in proportion to indemnity.
Fourteenth kinds of the insured to provide the necessary documents are complete, the insurer shall promptly review.The amount of compensation by both parties of insurance contract is confirmed, the insurer compensation closed in 10 days.
Fifteenth of the third party liability accident compensation after the case, any increase in compensation for the victims of the third charges, the insurer is no longer responsible for compensation.
Sixteenth of the third party liability of accident compensation insurance liability, continue to be valid until the expiration of the insurance.