The first special vehicle insurance contract (hereinafter referred to as the insurance contract) composed of the clause, insurance, insurance, endorsement and special agreement.Relating to the insurance contract, shall be made in written form.
Second this insurance contract in special vehicle is within the people's Republic of China (excluding Hong Kong, Macao, Taiwan) running, used for a variety of wheeled or tracked machine of EMU traction, wrecker, cleaning, lifting, loading and unloading, lifting, stirring, mining, bulldozer, road, or the car is equipped with a fixed equipment, professional monitoring, fire, clean, health, television, radar, X-rays and other motor vehicles, or oil tank truck, tanker, tank truck, car refrigerator car, container tractors and other motor vehicles (hereinafter referred to as agreed upon by the insured motor vehicle).
Third this insurance contract is the third party due to the insured motor vehicle accidents suffered casualties or property losses, but does not include the insured motor vehicle the personnel on the car, the insured, the insured and the insurer.
Fourth this insurance contract is not valued insurance contract.The insurer shall bear the insurance do not assume insurance responsibility, additional risks not alone accept insurance.
Insurance liability
Fifth where a motor vehicle insurance
(a) period of insurance, the insured or the legal driving permits or operators in the use of motor vehicle insurance process, due to the following reasons caused by the insured motor vehicle losses, the insurer is responsible for compensation in accordance with the provisions of the insurance contract:
7, to carry the insurance vehicle suffered from natural disaster (only limited to driving or operating personnel onboard situation).
(two) the occurrence of the insured event, the insured to prevent or reduce the loss of motor vehicle insurance is paid the necessary, reasonable labor expenses, shall be borne by the insurance, the maximum amount not exceeding the insured amount.
Sixth of the third party liability insurance
Period of insurance, the insured or the legal driving permits or operator by accident insurance of motor vehicles in use, causes the third suffers from a personal injury or property damage directly, should assume by insurant damage compensation responsibility in accordance with law, the insurer in accordance with the provisions of the insurance contract, for motor vehicle the compulsory traffic accident liability insurance limit of each responsible for compensation.
Exemption from liability
Article seventh of the insured motor vehicle following losses and costs, the insurer shall not be liable for:
(a) the natural wear and tear, rot, corrosion, fault;
(four) artificial direct supply, high temperature baking losses;
(five) the spontaneous combustion caused only electrical appliances, circuit, fuel supply system, air supply system losses;
(six) suffered the loss of insurance coverage, without the necessary repair continue to use the insured motor vehicle, so that the losses are part of the expansion;
(seven) the new standard equipment other than a loss;
(eight) the engine inlet of engine damage;
(nine) the insured motor vehicle cargo fall, collapse, collision, leakage loss;
(ten) theft, robbery, snatch, and because by the theft, robbery, snatch the damage or the car parts, ancillary equipment lost;
(eleven) the insured motor vehicle fixed equipment, equipment due to the inherent mechanical or excess load, voltage, electric induction electrical fault caused the loss;
(twelve) operation in the body lose the center of gravity caused by the insured motor vehicle losses;
(thirteen) lifting, lifting objects caused by the insured motor vehicle losses.
Article eighth the insured motor vehicle caused the following personal injury or property damage, if the insured shall bear the liability for compensation in the law, the Insurers shall not be liable for:
(a) the insured and the family members of the person casualties, all or the escrow property loss;
(two) being or operating staff and family members of the insurance of motor vehicle driving car casualties, all or the escrow property loss;
(three) the insured motor vehicle the car other personnel casualties or property losses.
Article ninth the following losses and costs, the insurer shall not be liable for:
(a) the insured motor vehicle accidents, resulting in third closed down, suspended, power, water, gas stop, stop, communication or network outages, data loss, the loss caused by voltage change and other indirect losses;
(two) the spirit damage compensation;
(three) because of pollution (containing radioactive pollution) loss;
(four) the insured motor vehicle and third party property due to market price changes caused by reducing the value of depreciation, repairs and loss caused by;
(five) the insured motor vehicle theft, robbery, snatch period caused third casualties or property losses;
(six) is caused by the intentional act the insurer, the driver or operator's loss;
(seven) the arbitration or litigation expenses and other related expenses;
(eight) in operation due to vibration, mobile or weakening of support, land, property caused damage to buildings and the resulting casualties;
(nine) the insured motor vehicle lifting, crane accidents rise goods process, resulting in the loss of the goods being hung.
Article tenth the following conditions, regardless of any reason for loss or to the third person of the insured motor vehicle liability for damages, the Insurers shall not be liable for:
(a) earthquake;
(two) the war, the military conflict, terrorism, violence, detention, seizure, confiscation, expropriation;
(three) competition, test, repair, maintenance in the business place of repair, maintenance period;
(four) the insured motor vehicle to engage in illegal activities;
(five) the driver or operator of drinking, smoking or injecting drugs, used motor vehicle insurance drug anesthesia;
(six) after the accident, the insured or the allowed driving the insured motor vehicle or abandoned the insured motor vehicle fled the scene of the accident in the failure to take measures, or vandalism, falsifies the scene, destruction of evidence;
(seven) driving or operating personnel in any of the following circumstances:
1, no driver's license or driving license expired;
2, driven by the quasi driving type does not match the insurance of motor vehicle and driving license;
Motor vehicle insurance, the internship period is 3 driving carrying explosives, inflammable or explosive chemicals, toxic or radioactive and other dangerous goods;
4, the provisions did not the name of a driver's license, and temporarily detained, revocation, cancellation, during driving the insured motor vehicle driving license;
5, by the use of effective operation certificate insurance motor vehicle issued by the relevant departments of the state personnel without;
6, according to the traffic management departments of public security organs or the relevant provisions of laws and regulations do not allow the driver was driving under other circumstances the insurance of motor vehicles.
(eight) the driver or operator of non insured to allow the use of motor vehicle insurance;
(nine) the insured motor vehicle transfer to others, not to the insurer to revise procedures;
(ten) unless otherwise agreed, the accident occurred insurance when the insured motor vehicle without issued by the traffic administrative department of the public security organ driving permit or license, or not according to the provisions of the inspection or inspection unqualified;
(eleven) the insured motor vehicle (excluding tractors, wrecker tow other vehicle or object).
Article eleventh shall be made by the motor vehicle traffic accident liability compulsory insurance compensation for loss and expense, the insurer shall not be liable for.
The insured motor vehicle uninsured motor vehicle traffic accident liability compulsory insurance or motor vehicle traffic accident liability compulsory insurance contract has expired, the motor vehicle traffic accident liability compulsory insurance losses and expenses of each item within the limit of compensation, the insurer shall not be liable for.
Twelfth insurance claims in the calculation on the basis of the insurance contract, according to the following franchise deductible:
(a) negative secondary liability franchise was 5%, the negative equivalent accident responsibility exempts the odds of 10%, bear the primary liability franchise for 15%, bear all liability or unilateral accident franchise for 20%;
(two) the insured motor vehicle third party should be responsible for compensation for loss, unable to find the third party, the franchise for 20%;
(three) 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 insured when running area, accident insurance in terms of travel outside the region, increase the franchise 10%.
Thirteenth other does not belong to the scope of insurance liability losses and expenses.
The amount of insurance and liability limit
Article fourteenth the amount of insurance of motor vehicle insurance by the insured and the insurer from the following three ways to choose, the insurer shall bear the corresponding liability for compensation according to the different way of determining the amount of insurance:
(a) according to the insurance when the insured motor vehicle new car purchase price.
The insurance contract in the new car purchase price refers to the insurance contract with the insured motor vehicle purchase price (including new vehicles of the same type of vehicle purchase tax).
The insured car purchase price according to the market sales price of the insurance contract is signed with a type of new policy (including the vehicle purchase tax), which shall be stated in the insurance policy, without the same type car market sales prices, determined in consultation by the insured and the insurer.
(two) according to the insurance when the actual value of the insured motor vehicle to determine.
The actual value of the insurance contract refers to the vehicles of the same type in the new car to purchase price minus the depreciation amount after the price.
The insured when the actual value of the insured motor vehicle according to the insured car purchase price minus the depreciation amount of price determination.
The depreciation rate table
Vehicle type
The monthly depreciation rate
The mine car
1.10%
Other vehicles
0.90%
Depreciation calculated monthly, less than a month, excluding depreciation.The maximum amount not exceeding the insured depreciation of the insured motor vehicle new car to purchase price of 80%.
Depreciation amount = insured car purchase price by the insured motor vehicle has been used on x month depreciation rate
(three) the insured motor vehicle insurance car purchase price determined in consultation.
Every accident fifteenth third party liability insurance liability limit, determined by the insurer and the insured limit level consultation approved by the insurance supervision department in signing the insurance contract.
During the period of insurance
Sixteenth unless otherwise agreed, the insurance period is one year, to the end of time specified by the policy prevail.
The insurer obligation
Article seventeenth the insurer in conclude when insurance contract, shall apply to the insured that liability insurance, liability insurance exemption, insurance period, insurance and payment, the insurer and the insured obligations.
Article eighteenth the insurer shall timely accept by accident report of the insurer, and the survey as soon as possible.
In 48 hours the insurer after receiving the report is not to survey and not to accept the advice, causing the loss of property could not be determined, damage, loss, accident certificate photos list and repair invoices as compensation adjustment according to provide the insured property.
Article nineteenth insurance receipt of the insured's claim, it shall timely verification.
(a) the insurer shall, according to the nature of the accident loss situation, timely to claim for insurance.Material audit claims that the relevant proofs and materials incomplete, it shall timely notify the insured for additional evidence and information;
(two) the insured to provide the necessary documents, the insurer shall promptly review, and verification results inform the insured;
(three) belonging to the insurance liability, the insurer shall in a compensation agreement with the insured person within 10 days after the payment of indemnity.
Article twentieth the insurer to know in handling the insurance business of the insured, the insured business and property and personal privacy, confidentiality obligations.
The insured, the insured obligations
Twenty-first the applicant should fill out the application form and answer the insurer queries, perform the duty of disclosure, and provide copy of certificate, motor vehicle registration certificate copy of insurance of motor vehicle.
In the period of insurance, the insured motor vehicle refitting, install, lead to dangerous level of insurance of motor vehicles increases, shall notify the insurer in writing promptly.Otherwise, due to the dangerous degree of motor vehicles increased by insurance accident insurance, the insurer shall not be liable for.
Twenty-second unless otherwise agreed, the insured shall pay the premium in the insurance contract; insurance Jiaoqing occurred before the accident insurance, the insurer shall not be liable for.
The twenty-third time when the insurance accident occurs, the insured shall take timely and reasonable, necessary rescue and protection measures, to prevent or reduce losses, and notify the insurer within 48 hours after insurance accident happens.Otherwise, resulting in the loss of uncertain or expanded sections, the insurer shall not bear the liability of compensation.
Twenty-fourth after an insurance accident occurs, the insured shall actively assist the insurer in field mapping.
The insured shall provide the relevant certificates and materials in a claim.
Cause and insurance related arbitration or litigation, the insured shall notify the insurer in writing promptly.
Article twenty-fifth for the third party to the insured motor vehicle damage insurance accident, the insured since paid indemnities to the insured, the amount of compensation, the scope of subrogation insured to third party the right to compensation, but the insured shall assist the insured to 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.
Treatment of claim
Article twenty-sixth the insured claims, and to confirm the insurance accident shall be provided to the insurer that nature, reasons, and other material relevant to the extent of the loss.
The insured shall provide insurance, list of losses, costs related documents, the insured motor vehicle driving license and driving license or accident operation certificate or operator.
Road traffic accident belongs to, the insured shall provide a certificate issued by the public security organ of the traffic management departments or institutions such as courts of certificate of the accident, the relevant legal documents (award, award, mediation, court verdict etc.) and by proving materials of motor vehicle traffic accident liability compulsory insurance to obtain the amount of compensation.
Non traffic accident belong, shall provide the relevant proof of the accident.
Article twenty-seventh of the insured, the insured motor vehicle driving or operating personnel according to the provisions of relevant laws and regulations to choose negotiation way of handling traffic accident, it shall immediately notify the insurer, assist the insurer accident vehicle inspection, verification of the parties responsible for the accident, and in accordance with the "traffic accident handling procedures" signed a recording that traffic accident agreement.
Twenty-eighth because of the insurance accident damaged the insured motor vehicle or third party property, should try to repair.Repair of the insured person shall, jointly with the insurer examination, consultation project, and cost of the repairs.Otherwise, the insurer has the right to re approved; can not be re approved, the insurer has the right to refuse compensation.
Article twenty-ninth the insured motor vehicle has a loss of residual part by the insurer, the insured negotiation process.
Accident liability ratio thirtieth insurance on the basis of the insured motor vehicle driving or operating personnel are negative in the accident, bear corresponding responsibility for compensation.
The insured, the insured motor vehicle driver or operator is selected according to the negotiation or not to determine the proportion of the accident by the traffic control department of the public security organ to deal with the accident of the relevant laws and regulations, determine the proportion of accidents in accordance with the following provisions:
The insured motor vehicle shall bear the main responsibility for the accident, proportional liability accident 70%;
Is the negative equivalent accident liability insurance of motor vehicles, the proportion of the accident is 50%;
Be negative secondary liability insurance of motor vehicles, the proportion of the accident is 30%.
Thirty-first where a motor vehicle insurance compensation according to the following methods:
(a) according to the insurance when the insured motor vehicle new car purchase price to determine the amount of insurance:
1, all the losses, the calculation of the compensation in the insurance, the insurance amount is higher than the insured motor vehicle insurance accident occurs when the actual value, according to the insurance accident happens to be compensation for the calculation of actual value of the insurance of motor vehicles.
The insurance accident occurs when the actual value of the insured motor vehicle according to the occurrence of the insurance accident car purchase price minus the depreciation amount of price determination.
The occurrence of the insurance accident car purchase price according to the market sales price insurance contract is signed with the type of car insurance accident happens (including vehicle purchase tax) to determine, without the same type of new car market selling price, determined by the insurer and the insured by negotiation.
When insurance accident occurs the depreciation amount = new car purchase price * the insured motor vehicle has been used on x month depreciation rate
2, where there is a partial loss, the calculation of the compensation according to the actual cost of repairs, but not over the insurance accident when the actual value of the insured motor vehicle.
(two) according to the insurance when the actual value of the insured motor vehicle determine insurance amount insurance amount or negotiation:
1, all the losses, the insurance amount higher than the insurance accident occurs when the actual value of the insured motor vehicle, the insurance accident compensation to calculate the actual value by motor vehicle insurance; insurance amount is equal to or lower than the insurance accident occurs when the actual value of the insured motor vehicle, calculation of compensation in the amount of insurance.
2, where there is a partial loss, according to the amount of insurance and the insured motor vehicle insurance car purchase price calculated the proportion of compensation, but not the insurance accident occurs over the actual value of the insured motor vehicle.
(three) the rescue expenses with the (a), (two), calculated separately in other than the insured motor vehicle amount of damages, the maximum not exceeding the insured amount.
By the rescue of the property insurance contract does not cover, comprising the property, to be apportioned expenses: motor vehicle insurance and property value.
Thirty-second third party liability insurance after the accident, the insurer in accordance with the relevant state laws, regulations of the scope of compensation, and the items and standards of the insurance contract, the approved amount of compensation stipulated in the insurance policy within the limits of liability.
The amount of compensation to the insurer in accordance with the national basic medical insurance for medical expenses standard.
Without the written consent of the insurer, the insured to promise or pay the amount of compensation, the insurer has the right to re approved.Does not belong to the scope of compensation to the insurer or the insurer should exceed the indemnity, the insurer is not liable for compensation.
Article thirty-third the insured motor vehicle insurance, the insured amount the insurance contract (liability) and the insurance contract insurance amount (liability) the ratio of the sum of liability.
The amount of compensation to the insurer shall be liable for the other, the insurer is not liable to pay and pay the.
Article thirty-fourth the insurer accepts the report, the site survey, participate in litigation, defense, requirements are provided the evidence and information, the insured person to provide professional advice and behavior, does not constitute the insurance liability for commitment.
Article thirty-fifth the following conditions, the insurer to pay reparations after motor vehicle insurance, the insurance liability insurance is not returned termination, motor vehicle insurance and additional insurance premium:
(a) the insured motor vehicle total loss;
(two) according to the insurance when the actual value of the insured motor vehicle insurance amount, an amount of compensation and the deductible amount and (not including rescue fees) to the insurance accident happened when the actual value of the insured motor vehicle;
(three) the insured amount is less than the insured when the actual value of the insured motor vehicle, a claim and the amount of deductible amount and (not including rescue fees) to the amount of insurance.
Article thirty-sixth the insurer to pay the third party liability insurance, the insured additional claim, the insurer shall not be liable for.
Thirty-seventh of the third party liability insurance for the insured to obtain compensation, effective to the insurance liability, insurance period expires until.
Premium adjustment
The provisions of motor vehicle insurance rate plan approved thirty-eighth premium adjustment ratio and by the insurance regulatory department shall prevail.
This insurance and additional insurance according to the insurance compensation occurs during a number of insurance, the insurance premium floating in the next.
Alteration and termination of the contract
Article thirty-ninth the contents of the insurance contract needs to change, must be approved by the insurer and the applicant agreed in writing.
Article fortieth in the period of insurance, the insured motor vehicle transfer to others, the insured shall notify the insurer in writing and to revise procedures.
Article forty-first before the commencement of the insurance liability, the applicant requests to terminate the insurance contract, shall provide the insurer pay insurance premium of 5% of the portion of the fees, the insurer shall return the insurance premium.
After the commencement of the insurance liability, the applicant requests to terminate the insurance contract, the insurer shall inform the date of the termination of the insurance contract.The insurer by short-term monthly rate received from the commencement of the insurance liability to the date of termination of the contract the date of the period of insurance, and refund the remaining part of the premium.
Dispute settlement
Article forty-second for the performance of the insurance contract disputes, settled by the parties through consultation.
If no agreement is reached through consultation, to submit to arbitration agency of insurance stated.The insurance policy does not specify an arbitration institution or after the occurrence of the dispute did not reach an agreement on arbitration, to the people's court.
Forty-third this insurance contract dispute applicable laws of people's Republic of china.
Supplementary articles
Article forty-fourth of the contract of insurance (including additional risk) in the following terms:
Not valued insurance contract: refers to the parties in the insurance contract does not predetermine the insured value of the objects of insurance, but the insurance accident happens in accordance with the actual value of the insurance subject determine the insurance value of an insurance contract.
Impact: refers to the insured motor vehicle and external objects directly contact and accidental impact, the impact of trace phenomenon.Including the insured motor vehicle shall carry the goods, cargo and external objects of accidental impact.
Tipping: refers to an accident caused by the insured motor vehicle overturned (two above ground, the ground), in the loss of normal and driving ability, not by the rescue cannot restore running state.
Fall: refers to the insured motor vehicle accidents in a moving vehicle, flight after falling, caused the loss of vehicle.Non vehicle flight, only because the turbulence caused by the loss of motor vehicle insurance, not of the crash responsibility.
Fire: refers to the insurance of motor vehicles caused by outside itself in time or space fire, burning out of control (i.e., heat, light, fire violent oxidation reaction) caused by disasters.
Storm: wind speed at 28.5 M / S (equivalent to 11 levels of gales) over the wind.The wind speed in the meteorological department released data shall prevail.
Collapse: refers to the crust and natural variability, because the sudden collapse of the tide, and stratigraphic contraction River, heavy rain, a hole, cave underground, so that the ground suddenly caved.
Broken glass alone: No damaged other parts of motor vehicle insurance, the insured motor vehicle damage occurs only after the windshield and side window glass.
Individual wheel damage: refers to not be damage to other parts of the insurance of motor vehicles, tires, rims, only hubcap separately damage, damage or the common among the three arbitrary two, common damage or three persons.
Competition: refers to the insured motor vehicle as a race vehicle competition activities, including to participate in the competition for the purpose of training activities.
Test: refers to is the performance and technical parameters of the motor vehicle insurance measure or test.
Spontaneous combustion: refers to in the absence of external fire case, because the car electric appliances, circuit, fuel supply system, air supply system of motor vehicle insurance to their own reasons for the failure or cargo itself causes a fire burning.
Pollution: refers to the insured motor vehicle during normal use or when the accident happened, because the oil, gas, goods or other pollutants, discharge, leakage, spatter scattered caused by fouling, deterioration or personal injuries.
Theft, robbery, snatch period: refers to the insured motor vehicle theft, robbery, snatch the process and the whole car theft, robbery, snatch to the whole car was recovered.
Unilateral accident: that does not involve compensation and damages to third parties related to the accident, but not caused by natural disaster accident.
Transfer: refers to the transfer of ownership for the purpose, to dispose of the insured motor vehicle act.The insured to transfer of ownership for the purpose, the insured motor vehicle delivery of others, but shall not transfer (transfer) registration, regarded as the transfer.
Article forty-fifth in accordance with the motor vehicle insurance premium rate scheme approved by the insurance supervision department to calculate premium.
Forty-sixth of the base in the insured motor vehicle insurance and third party liability insurance, the insured may insure against any additional risks.
Additional clauses matters, this clause shall prevail.
"Statement": load of any of the provisions of the document, for reference purposes only, does not have the legal effect, the corresponding legal text please contact the company original shall prevail