Motor vehicle insurance clauses (CIRC hair [2002] 16)

Motor vehicle insurance clauses (National)

   

(2000) the hair (No. 16)


Motor vehicles of the insurance contract refers to the automobile, tram, battery car, motorcycle, tractor, special vehicle, a variety of special vehicles.   
The insurance contract is not valued insurance contract. Divided into basic risks and additional risks, but the additional risks can not be independent insurance. The insurer shall not assume insurance responsibility for insurance respectively.
Where the total loss or loss of vehicle insurance, the insurance contract termination.

The first part of the basic insurance

  
The basic insurance for the vehicle damage insurance and third party liability insurance.   
Insurance liability
  The first vehicle damage insurance:  
(-) 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:
1 collision, overturning;
2 fire, explosion;
3 external objects collapse, air operations object crashes, insurance vehicle parallel fall;
4 lightning, storm, rainstorm, flood, tornado, tsunami, cave, ice fall, cliff collapse, debris flow, landslide, avalanche, hail;
The 5 carriage insurance car ferry from natural disasters (limited to the driver vehicle caregivers).   
(two) when insurance accident happens, the insured or the allow qualified drivers to take reasonable costs of rescue, protection measures for vehicle insurance expenditure, the insurer is responsible for compensation. But the maximum amount of compensation for the expenses shall be limited to the insured amount.   
  Second the third party liability insurance:  
The insured or the allowed 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" and the insurance contract processing method of road traffic accident compensation. But because the accident aftermath, the insurer is not responsible for handling.
Exemption from liability
  The loss of third of vehicle insurance, the insurer shall not be liable for:  
(a) the natural wear and tear, rot, fault, damage to tires alone;
(two) earthquake, artificial direct supply, high temperature baking losses;
(three) the car cargo collision loss;
(four) two and mopeds park during tipping loss;
(five) suffered the loss of insurance coverage, without the necessary repair continue to use, thus enlarging the losses   (six) with unknown causes spontaneous combustion and fire; spontaneous combustion, namely insurance car because the car electric appliances, circuit, fuel supply system, air their problems caused by fire.   
(seven) broken glass alone;
(eight) insurance vehicle in the flooded and exhaust water flooded after the start or improper operation resulting in engine damage.   
  Fourth insurance car is caused by the following personal injury and property damage, if the insured shall bear the liability for compensation in the law, the insurer shall not be liable for:  
(a) the insured or allows the driver all or escrow property;
(two) the private, individual contracting vehicle insured or allows the driver and their family members, and they all or the escrow property;
(three) all personnel and property of the car.   
  Article fifth the following conditions, regardless of any reason caused the loss of vehicle insurance and third party liability insurance economy, per capita is not responsible for compensation: 
(a) the war, military conflicts, riots, seizure, confiscation, expropriation;
(two) non insured and non insured allows the driver of vehicle insurance;
(three) the insured or allow qualified driver's intentional act;
(four) competition, test, in the place of business of the repair period;
(five) the goods carried by the vehicle drop, leakage;
(six) a vehicle motor vehicles towing (including Trailer) or other towing, two of which at least one without insurance third party liability insurance;
(seven) the driver drinking, drugs, drugs;
(eight) the driver in any of the following circumstances:
1 does not have a driver's license;
2 the driver license to drive incompatible vehicles;
3 the army or police 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 internship driving large bus, trolley, crane truck and trailer car, no formal driver and supervision:
6 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, not the name of a driver's license to drive;
9 the use of dedicated mechanical cars, all kinds of effective operation certificate of special vehicles staff issued by the relevant departments of the state without;
The provisions of the 10 public security traffic management departments of the other belongs to driving without a valid certificate of.   
(nine) the escape vehicle accident insurance;
(ten) fails to perform the obligations agreed in writing to pay the insurance premium;
(eleven) 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 following losses and costs, the insurer shall not be liable for:  
(a) the insured vehicle accident, the insured or the third closed down, suspended, power, water, gas stop, stop, interruption of communication and other indirect loss
(two) any mental damage caused by the insurance accident compensation;
(three) any compensation and compensation for the damage caused by pollution;
(four) directly or indirectly due to computer problems in 2000 loss;
(five) the insured vehicle theft during the whole car was robbed, robbed, and then, damage or loss of car parts, auxiliary equipment, as well as the third casualties or property losses.
  Seventh other does not belong to the scope of insurance liability losses and expenses.
The amount of insurance, indemnity and insurance period
  The insured amount of eighth 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. The new car to purchase price shall refer to the insurance contract signed purchase and vehicle insurance (including the same type of new vehicle purchase surcharge) price.
(two) determined according to the actual value of the insured. The actual value refers to the type of vehicle market new car to purchase price minus the vehicle depreciation amount after the price.
Depreciation according to each year after year, part of a year, 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%.   
(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.
  Article ninthEvery accident, the maximum compensation limit of third party liability insurance shall be determined according to different types of vehicles:

    (a) in different districts, 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.      Article tenthIn the period of validity of the insurance contract, the insured is required to change the contents of the contract, shall apply to the insurer in writing to apply for correction.   
  Article eleventhThe insurance period is one year. Except as otherwise provided by law, the insured insurance period is less than a year by a short month rate or insurance premiums. The insurance period is less than a month's monthly.   
Rescission of the insurance contract, in accordance with the "provisions of the insurance premium rate of motor vehicle regulations" return the unearned portion of the insurance premium.
  Treatment of claim
  Article twelfthThe 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 thirteenthInsurance on the basis of the insurance vehicle driver in the accident responsibility proportion, the corresponding liability.   
  Article fourteenthVehicle insurance for insurance accident damage or cause damage to the property of third parties, 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.   
  Article fifteenth the vehicle damage insurance compensation according to the following provisions:  
(a) total loss
The insured amount is higher than the actual value to the actual value at the time of the accident, the calculation of compensation; the insurance amount is equal to or lower than the actual value, calculated according to the amount of insurance compensation.                                                                                            

  (two) part of the loss
The new car purchase price to determine insurance amount of vehicles, calculation of compensation according to the actual repair and necessary, reasonable rescue costs; insurance amount is lower than the new car to purchase price of the vehicle, according to the insurance amount and the proportion of new car to purchase price calculation of compensation repair and salvage charges.
Insurance claims and rescue vehicle costs are not to exceed the insured amount. If the insured vehicle part loss of a compensation and the amount of deductible amount and is equal to the amount of insurance, the insurance liability after the loss of vehicle insurance termination.   
(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 insured property of the total property allocation and labor expenses.   
  Article sixteenthVehicle 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. For the insured to promise or pay the amount of compensation, the insurer has the right to re approved or rejected the compensation.   
  Article seventeenthThird party liability accident compensation, any increase in compensation for victims of the third of the cost, the insurer is no longer responsible for.   
  Article eighteenthThird party liability accident compensation insurance liability, continue to be valid until the expiration of the insurance.   
  Article nineteenthVehicle insurance, third suffer the residual part after the loss, shall negotiate the price discount to the insured, and deduction in the indemnity.   
  Article twentiethAccording to the liability insurance vehicle drivers are negative in the accident, the vehicle damage insurance and third party liability insurance compensation in accordance with the provisions in the amount deductible franchise; franchise 20% negative total liability, franchise 15% deductible 10% bear equal responsibility should bear the primary responsibility, deductible 5% negative secondary responsibility. Unilateral accident absolute 免赔率 20%.   
Unilateral accident is not involved in compensation and damages to third parties related to the accident, but does not include natural disasters caused by the accident.   
  Article twenty-firstAll the insured provide 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 twenty-secondInsurance vehicle basic clauses first listed insurance liability within the scope of the third party should be responsible for compensation for loss, the insured shall claim to the third party. If the third party refuses to pay, 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 in accordance with the contract of insurance, the insured must give Xiang Di three party the right of recovery assign in whole or in part to the insurer, and assist the insurer to the third party claim.
Due to the insured to give up on the request for compensation for the third party's right or fault of the insured is unable to exercise the subrogation rights, the insurer shall not bear the liability for compensation or deduct the amount of indemnity.   
  Article twenty-thirdInsurance vehicle basic clauses first listed insurance liability within the scope of the third party should be responsible for compensation for loss, did not find the third party, the insurer shall make compensation for the losses, but the scope of compensation in accordance with the provisions in the 5% absolute 免赔率.
The insured, the insured obligations
  Article twenty-fourthThe applicant for insurance shall truthfully declare the vehicle, and the signing of the insurance contract once paid insurance premiums.   
  Article twenty-fifthThe insured and the driver shall do the insurance vehicle maintenance, maintenance work, 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.
The insured and insurer driver should be based on proposals to eliminate unsafe factors and risks, timely take corresponding measures.   
  Article twenty-sixthIn the period of validity of the insurance contract, the insurance vehicle resell, transfer, gift for others, change in the use or increase in the risk exposure, the insured shall notify the insurer in writing in advance and apply for correction.   
  Article twenty-seventhThe insured shall not be illegal resale, transfer of vehicle insurance shall not engage in illegal and criminal activities; use of vehicle insurance.   
  Article twenty-eighthInsurance vehicle insurance after the accident, the insured shall take reasonable protective measures, rescue, and immediately to the accident to the public security traffic management department report, at the same time, notify the insurer within 48 hours.   
The insured shall in the traffic control department of the public security of the accident closed within 10 days from the date of the insurer to the provisions of article twelfth or the insurer can prove that all the necessary documents reason, nature, responsibility and loss of accident.   
  Article twenty-ninthThe insured claims shall not conceal the fact, forged documents, manufacturing Jiaan fraud.   
  Article thirtiethThe insured fails to perform the terms of article twenty-fourth to Article twenty-ninth 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.
No claim discount
  Article thirty-firstNo claim in the previous insurance vehicle insurance within the time limit, the renewal can enjoy no claim to reduce premium discount, discount for the amount of this year continued the insurance should pay insurance premium of 10%. The insured vehicle more than one, according to the vehicle computing no claim discount. Last year the loss of vehicle insurance, third party liability insurance, the additional risk of any one claim, could not the renewal enjoy no claim discount. No renewal does not enjoy no claim discount.   
The annual no claim of motor vehicles, if the renewal of insurance and the last year is not exactly the same, no claim to insurance part of the same as the basis for calculation; if the renewal insurance and the same as the previous year, but the amount of insurance, no claim discount in this year, the insurance amount corresponding should pay insurance premiums for calculation foundation. Regardless of motor vehicles for several consecutive years of no accidents, no claim discount all should pay insurance premium of 10%.
Other matters
  Article thirty-secondThis article does not apply to Shenzhen city and motor vehicle while driving in Shenzhen special economic zone of Shenzhen, Hongkong license plate hanging.   
  Article thirty-thirdThe insured in the insurance liability begins before, demands the termination of the contract, the insurer shall return the insurance premium, and in accordance with the relevant provisions of the "insurance law" of the people's Republic of China, deduct the insurance premiums 3% surrender charges.   
  Article thirty-fourthThe 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 additional risks

  
Can the whole vehicle pilfer, breakage of glass, the vehicle to stop loss insurance, autoignite loss insurance, increase equipment loss insurance based on above insurance against loss of vehicle; foundation over against the third party liability insurance can be insured vehicle liability insurance, no fault liability insurance, vehicle cargo liability insurance; based on the top of insurance against loss of vehicle and third party liability insurance can be insured non deductible special risks. Additional clauses terms and basic insurance is differ, with additional clauses shall prevail, deficiencies, to the basic clause.
Whole vehicle pilfer clause  
  The first insurance liability  
(a) of vehicle insurance (including insurance Trailer) full vehicle theft, robbery, robbery, the police criminal investigation department at or above the county level for confirmation, not accounted for over three months;
(two) insurance car whole car was stolen, robbed, robbed after damage or the car parts, ancillary equipment lost the reasonable expenses needed to repair.
  Second exemption from liability
(a) non full car robbery, only the car parts or ancillary equipment was stolen, robbed, robbed, damaged;
(two) by other fraud or partial loss caused by the whole car;
(three) the whole car was stolen, robbed, during the robbery, insurance vehicle accident caused third casualties or property losses;
(four) the insured due to violation of relevant laws and regulations, the government is the relevant state authorities confiscated, seized;
(five) the insured for civil, economic disputes with others from the insurance vehicle robbery, robbery;
(six) the leased vehicle at the same time with the lessee missing;
(seven) the whole car or loss caused by the intentional act of the insured and members of their families, the insured allows the driver or illegal behavior.      
  Article third the amount of insurance  
The insured amount by the insurer and the insured in the actual value of vehicle insurance consultation to determine.   
When the actual value is higher than the purchase a car insurance car invoice, purchase a car invoice amount to determine insurance amount.   
  Article fourth the insured obligations  
(a) the insured knew or should have become aware of the insurance of vehicle theft, robbery or robbed, should be within 24 hours (excluding force majeure factors) to report to the local public security department, and notify the insurer within 48 hours, and the newspaper statement;
(two) the insured the claim to the insurer, to provide insurance, motor vehicle driving permit, the original invoice, purchase a car vehicle purchase surcharge receipts, car keys, theft and robbery cases prove and vehicle issued at or above the county level and out of police criminal investigation department has stop reporting procedures.   
  Article fifth compensation processing  
(a) according to the insured claims documents, insurance compensation according to the following provisions:
The 1. car loss, according to the basic clauses of article fifteenth (a) relevant provisions of calculating the amount of compensation, and the introduction of 20% absolute 免赔率. But the insured fails to provide the original invoice, purchase a car motor vehicle driving license, the vehicle purchase surcharge receipts, each lacks a franchise, increase 0.5%; increase the missing car keys 5% franchise;
2 in accordance with Article 1 of this Clause (two) paragraph loss, calculation of compensation according to the actual cost of repair, not to exceed the maximum whole vehicle pilfer insurance amount;
3. insured claims failed to provide a certificate issued by the robbery cases out of police criminal investigation department at or above the county level and the vehicle to the insurer has stop reporting procedures, the insurer shall not be liable for compensation. The insurer to confirm the claim documents complete, effective, by the insured to sign with the rights of transfer payment, settlement.   
  Sixth other matters
insurance compensation, such as insurance stolen vehicles back, the vehicle should be returned to the insured, and recover the corresponding. If the insured is not willing to take back the original car, all rights to the insurer of the vehicle.
Vehicle liability insurance clause
  The first insurance liability  
insured motor vehicle insurance in the use process, accidents, the insurance on the cargo vehicle suffered direct damage and the car personnel casualties, according to the economic compensation shall be borne by the insurance liability, and the insured to reduce losses and pay the necessary and reasonable rescue, protection expense single, insurance the insurance indemnity calculated within specified in the insurance.   
  Second exemption from liability  
Due to the following causes losses, the insurer shall not be liable for:
(a) the goods and looting, natural wastage, defects, shortage, death, decay, deterioration;
(two) the illegal carriage or because of poor packaging, fastening, loading, caused by improper cover loss of goods;
(three) cargo personnel or violation of the personnel on the car carrying personal belongings, violate the rules and regulations on the;
(four) intentional behavior caused by the driver, the emergency brake or the vehicle's staff due to illness, childbirth, self mutilation, fighting, Dutch act, criminal behavior caused by personal injury, loss of goods and the car when the personnel in the car under the casualties
(five) the other does not belong to the scope of insurance liability losses and expenses.   
  Article third the limit of indemnity
The personnel on the car and the car carrying goods compensation limit on the maximum compensation limit per person by the insured and the insurer shall determine the insured. The number of seats to insurance vehicle number of passengers.   
  Article fourth compensation processing  
(a) the car casualties 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 compensation, but each of the maximum amount of compensation does not exceed insurance forms specified the insurance compensation limit per seat, the maximum compensation digit number to insure seat.   
(two) the cargo occurred within the scope of insurance liability insurance losses, according to fob price in compensation within the limit for compensation;
(three) each compensation shall be subject to corresponding franchise, franchise and the way and basic insurance twentieth the same.
No fault liability insurance clauses
  The first insurance liability  
insured motor vehicle insurance in the use process, pedestrian traffic and non motor vehicles, accident, the personnel casualty and the property damage insurance vehicle directly, a party without fault, and the insured refused compensation failed, the insured has been paid to the party and unable to recover the cost, insurance according to "road traffic accident treatment measures" and out of the local road traffic accident by a single standard insurance stated in the insurance compensation within the limit calculation.   
  Article second compensation processing
The insurance compensation are carried out every 20% absolute 免赔率.       
Vehicle cargo liability insurance clauses
  The first insurance liability  
insurance the insurance of motor vehicles in use process directly, cargo dropped out from the car causes the third suffered personal injury or property damage, economic compensation in accordance with the law shall be borne by the insurance responsibility person is calculated, the policy insurance stated in the insurance indemnity.   
  Second exemption from liability  
(a) be casualties, property loss insurance and their family members;
(two) gas, carried by the intentional act or the car driver liquid leakage caused by the loss of.   
  Article third the limit of indemnity  
Vehicle cargo liability when the accident compensation limit by the insured and the insurer shall determine the insured.   
  Article fourth compensation processing  
The insurance compensation are carried out every 20% absolute 免赔率.               
Broken glass separate clauses
  The first insurance liability  
The insured motor vehicle insurance in the use process, the car is broken glass alone, the insured according to the actual loss compensation. insured people with insurance based on consultation, voluntary according to import windshields or domestic windscreen choose insured; the insurer according to their choice to bear the corresponding insurance.   
  Second exemption from liability  
(a) lamps, car mirror glass broken;
(two) by the intentional act insurer or its driver installation, repair, and broken vehicles caused by the process of.
The vehicle to stop loss insurance clause
  The first insurance liability
The insured motor vehicle insurance in the use process, due to the basic insurance first listed insurance accident, cause body damage, causing the vehicle to stop, the insurer shall bear the liability for compensation in accordance with the following provisions
(a) part of the loss, the insurance compensation according to the actual number of days of insurance, compensation amount multiplied by the fixed date to the date of completion of the repair computation in the repair time as agreed by both parties
(two) the whole car damaged, calculation of compensation according to the limit of indemnity of insurance;
(three) during the period of this insurance, the claims of accumulative calculation, the highest for days of insurance.   
  Second exemption from liability
The insurer shall not be liable for stop loss:
(a) the vehicle was seized during the loss;
(two) for vehicle repair quality requirements, cause rework loss during;
(three) the insured and the driver delay vehicle repair or repair the loss of time;
  Article third the limit of indemnity
On the amount of compensation limit of indemnity to the insured and the insurance premium when the contract compensation days multiplied by agreement shall prevail, but the highest agreement on compensation for 90 days.          
Spontaneous loss clause
  The first insurance liability  
insured motor vehicle insurance in the use process, faults and delivery systems for the vehicle electrical appliances, circuit, fuel supply the goods themselves on fire, caused the loss of vehicle insurance, and the insured in the event of the insurance accident, for vehicles to reduce the expenditure of insurance loss of the necessary and reasonable expenses: insurance the insurance program, people in the insurance policy the stated amount loss calculation, the actual vehicle according to insurance compensation; where the total loss at the time of the accident insurance according to the actual value of vehicle in the insurance policy of the project as the insurance calculation.   
  Second exemption from liability  
Due to the following reasons of loss, the insurer shall not be liable for:
(a) the insured vehicle insurance in use process, because of violation of the rules of safe operation of the vehicle artificial direct supply, high temperature baking losses;
(two) for spontaneous combustion caused only electrical appliances, circuit, fuel supply system loss;
(three) cargo loss of its;
(four) by the intentional act the insurer or illegal behavior caused the loss of vehicle insurance.   
  Article third the amount of insurance
By the applicant and the insurer in the actual value of vehicle insurance is determined in consultation.   
  Article fourth compensation processing
The insurance compensation are carried out every 20% absolute 免赔率.       
New equipment loss clause
  The first insurance liability  
The insured motor vehicle insurance in the use process, basic risks listed in Article 1 insurance accident, causing direct damage plus equipment new car, insurance amount insurance people are specified in the policy of the project, calculated according to the actual damages.   
  Article second the amount of insurance  
The insured amount to the actual value added equipment to determine.   
  Article third compensation processing  
Every time the insurance compensation are deductible franchise, absolute 免赔率 determined in accordance with the basic insurance twentieth.   
  Fourth other matters  
New equipment of the insurance refers to insurance vehicle factory, refers to the equipment, the insured added preparation and facilities. For this insurance, shall specify the car new equipment schedule and price.
Non deductible special clauses
  Based on above only at the same time insurance against loss of vehicle and third party liability insurance can be insured the additional risks. When either the vehicle damage insurance and third party liability insurance in the insurance liability is terminated, the additional liability insurance and termination.  
  The first insurance liability
For a motor vehicle the special insurance occurred accident compensation insurance, the meet the deductible amount in accordance with the provisions of this clause calculation compensation specified amount, the insurer is responsible for compensation.   
  Second exemption from liability
The deductible amount each additional risks under the provisions, the insurer shall not be liable for