The original address:2013 to amend the "motor vehicle traffic accident liability compulsory insurance regulations" decisionAuthor: LAN Ke mountain

Modify the "motor vehicle traffic accident liability compulsory insurance Ordinance"

The people's Republic of China State Council Decree No.630No.

"We announced amendments' motor vehicle traffic accident liability compulsory insurance regulations' decision", since the2013Years3Month1The date of promulgation.

　　   Prime MinisterWen Jiabao2012Years12Month17Day

Decision regarding the revision of "the compulsory motor vehicle traffic accident liability insurance regulations"

The State Council decided to make the following amendments to the "motor vehicle traffic accident liability compulsory insurance Ordinance":

　　One article is added as article forty-third,: "trailer is not the insured motor vehicle traffic accident liability compulsory insurance. Road traffic accident caused personal injury, loss of property, forced by the traction car insurance company in motor vehicle traffic accident liability insurance liability limits the scope of compensation; the problems, by the tractor and trailer shall bear the liability for compensation according to law."

This decision since2013Years3Month1The date of promulgation.

"Motor vehicle traffic accident liability compulsory insurance regulations" shall be amended according to this decision and order of the clauses shall be adjusted, re released.

Motor vehicle traffic accident liability compulsory insurance Ordinance

(2006Years3Month21The State Council of the people's Republic of China on Order No.462Published According to the2012Years3Month30"The State Council on Amending 'motor vehicle traffic accident liability compulsory insurance regulations' decision" the first amendment According to the2012Years12Month17"The State Council on Amending 'motor vehicle traffic accident liability compulsory insurance regulations' decision" second revision)

　　Chapter I General Provisions

Article 1 in order to protect the motor vehicle road traffic accident victims to receive compensation, promote road traffic safety, according to "the people's Republic of China Road Traffic Safety Law of the people's Republic of China", "insurance law", the enactment of this ordinance.

The owner or manager of motor vehicle second on the road within the territory of the people's Republic of China on, should be in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" of the insured motor vehicle traffic accident liability compulsory insurance.

Compulsory motor vehicle traffic accident liability insurance, compensation and supervision and management, application of this ordinance.

Third of the Ordinance referred to motor vehicle traffic accident liability compulsory insurance, refers to the insurance company to the insured motor vehicle road traffic accidents caused by the vehicle, be casualties, property loss insurance victims except the people, mandatory liability insurance compensation within the limit of liability.

Article fourth the insurance supervision and administration department under the State Council (hereinafter referred to as the CIRC) in accordance with the motor vehicle traffic accident liability compulsory insurance business of insurance company supervision and management.

The traffic department of agricultural management, public security organs (agricultural machinery) departments (hereinafter referred to as the vehicle management department) shall conduct supervision and inspection on the vehicle to participate in the compulsory motor vehicle traffic accident liability insurance situation. The motor did not participate in the compulsory motor vehicle traffic accident liability insurance, motor vehicle management departments shall not register, the motor vehicle safety and technical inspection agency shall not be tested.

Traffic management departments of public security organs and the traffic police in the investigation and handling of violations of the law on road traffic safety and road traffic accident, it shall check the motor vehicle traffic accident liability compulsory insurance mark.

　　Chapter second insurance

Article fifth insurance companies approved by the CIRC, can be engaged in the business of compulsory motor vehicle liability insurance.

In order to ensure the implementation of the compulsory motor vehicle traffic accident liability insurance system, the China Insurance Regulatory Commission has the power to require the insurance company engaged in the business of compulsory motor vehicle liability insurance.

Without the approval of CIRC, any unit or individual shall not engage in the business of compulsory motor vehicle liability insurance.

Sixth where a motor vehicle traffic accident liability compulsory insurance unified insurance clauses and insurance rates. China Insurance Regulatory Commission Rate principle approval of insurance no profit no loss in accordance with the motor vehicle traffic accident liability compulsory insurance business in general.

China Insurance Regulatory Commission in the examination and approval of insurance rates, can employ the specialized agencies for assessment, may hold a hearing to listen to public opinion.

Motor vehicle traffic accident liability compulsory insurance seventh insurance company business management, should be separated from the rest of the insurance business, independent accounting.

The CIRC shall motor vehicle traffic accident liability compulsory insurance business of insurance company verification of the situation, and to the public; according to insurance of motor vehicle traffic accident liability compulsory insurance business overall profit or loss situation, may require or allow insurance companies to adjust the insurance premium.

The adjustment of insurance premium rate is larger, the CIRC shall conduct the hearing.

Eighth of the insured motor vehicle has no illegal act of road traffic accidents and road traffic accidents, the insurance company should reduce the rate of insurance premium in the next year. In the next year, the insured motor vehicle still has no illegal act of road traffic accidents and road traffic accidents, the insurance company shall continue to reduce the rate of insurance premium, until the minimum standard. The insured motor vehicle road traffic safety violations or road traffic accident, the insurance company should improve its premium rate in the next year. Repeated violations of road traffic safety, road traffic accidents, or the occurrence of major road traffic accident, the insurance company shall raise its insurance premium rate. In road traffic accident, the insured person has no fault, not raise its insurance rates. Lower or raise the insurance premium standard, by the China Insurance Regulatory Commission jointly with the public security department under the State Council shall establish.

Article ninth the China Insurance Regulatory Commission, public security departments of the State Council, the State Council in charge of agriculture and other departments concerned shall gradually establish the sharing mechanism of information related to motor vehicle traffic accident liability compulsory insurance, illegal act of road traffic safety and road traffic accidents.

Tenth the applicant shall select have engaged in motor vehicle traffic accident liability compulsory qualification insurance of the insured, the insurance company is selected shall not refuse or delay the underwriting.

The CIRC shall have engaged in the compulsory motor vehicle traffic accident liability for insurance to the public.

Eleventh the applicant, shall truthfully inform the important matters to the insurance company.

Important issues include vehicle type, brand type, identification code, the license plate number, and the use of nature the vehicle owner or manager's name (name), gender, age, residence, ID card or driver's license number (organization code), other matters before the renewal of motor vehicle accidents as well as required by the circ.

The twelfth sign of motor vehicle traffic accident liability compulsory insurance contract, the insured shall pay once for all insurance; insurance company shall issue an insurance policy, insurance to the insured. The insurance policy, insurance mark shall indicate the policy number, license plate number, period of insurance, the insurance company name, address and telephone number of claims.

The insured shall place the label of insurance in the insured vehicle.

The insurance sign pattern of national unity. The insurance policy, the insurance sign by the CIRC. Any unit or individual shall not be forged, altered or forged, altered insurance, the insurance mark.

The thirteenth sign of motor vehicle traffic accident liability compulsory insurance contract, applicant shall not apply outside of the insurance clauses and insurance rates, the additional requirements to the insurance company.

A motor vehicle traffic accident liability compulsory insurance contract, the insurance company shall not force the insured to sign insurance contracts and proposed additional requirements.

Article fourteenth the insurance company may terminate the compulsory motor vehicle traffic accident liability insurance contract; however, the applicant fails to truthfully inform obligation except on important issues.

The applicant fails to perform the duty of disclosure of important matters, the insurance company to terminate the contract, shall notify the applicant, the insured shall, from the date of receipt of the notification5Days to perform such obligation; the insured in this period of time to perform such obligation, the insurance company shall not rescind the contract.

Article fifteenth insurance company to remove the motor vehicle traffic accident liability compulsory insurance contract, shall withdraw the insurance and insurance mark, and notify the administration departments of motor vehicles.

Sixteenth the applicant may terminate the compulsory motor vehicle traffic accident liability insurance contract, except for the following circumstances:

(a) the insured motor vehicle is in accordance with the cancellation of registration;

(two) the insured motor vehicle shall stop;

(three) the insured motor vehicle by public security authorities confirmed loss.

Seventeenth where a motor vehicle traffic accident liability compulsory insurance contract, the insurance company shall, in accordance with the contract the responsibility of insurance.

The termination of the contract, the insurance company can collect from the insurance liability to the date to the date of termination of the contract of insurance, the remaining part of the insurance premiums shall be returned to the applicant.

The eighteenth is the transfer of ownership of motor vehicle insurance, shall go through the formalities for motor vehicle traffic accident liability compulsory insurance contract change procedures.

Nineteenth where a motor vehicle traffic accident liability compulsory insurance contract, the insured shall timely renewal, and provide an annual insurance policy.

The twentieth period of motor vehicle traffic accident liability compulsory insurance for1Years, but one of the following circumstances, the applicant may insure short-term motor vehicle traffic accident liability compulsory insurance:

(a) the overseas motor vehicle temporary entry;

(two) the vehicle traveling on the road temporarily;

(three) retirement period from the provisions of the lack of motor vehicle1Years of;

(four) other circumstances stipulated by circ.

　　The third chapter compensation

Article twenty-first the insured motor vehicle road traffic accident caused by the victim, the personnel casualty, loss of property insurance of people outside, by insurance companies in accordance with the law in the motor vehicle traffic accident liability compulsory insurance liability limits the scope of compensation.

The road traffic accident damage was deliberately caused by the victim, the insurance company shall not compensate.

Article twenty-second in any of the following circumstances, the insurance company compulsory insurance liability limit range pays rescue expenses in motor vehicle traffic accident responsibility, and shall have the right to recover the injurer:

(a) did not obtain a driver's driving qualifications or drunk;

(two) the insured motor vehicle theft and robbery of the period;

(three) the insured deliberately causes a traffic accident.

One of the circumstances listed in the preceding paragraph, the occurrence of road traffic accidents, causing loss to the property of the victim, the insurance company does not assume liability to pay compensation.

Twenty-third where a motor vehicle traffic accident liability compulsory insurance unified liability limit nationwide. Limitation of liability for death and disability compensation compensation quota limits, medical expenses limit, property damage compensation limit and the insured has no liability in road traffic accidents.

Motor vehicle traffic accident liability compulsory insurance liability limit by the China Insurance Regulatory Commission jointly with the public security department under the State Council, the state health department, the State Council formulated by the competent department of agriculture.

Article twenty-fourth country to set up the social rescue fund for road traffic accidents (hereinafter referred to as the rescue fund). Any of the following circumstances, personal injury victims of road traffic accidents in the funeral expenses, the cost of some or all of the rescue, the rescue fund to advance, rescue fund management institutions have recourse to the responsible person of the road traffic accident:

(a) to save costs more than the motor vehicle traffic accident liability compulsory insurance liability limit;

(two) the vehicle did not participate in the motor vehicle compulsory liability insurance of traffic accident;

(three) motor vehicle accident.

Including the source twenty-fifth rescue fund:

(a) extracted according to a certain proportion of motor vehicle traffic accident liability compulsory insurance of insurance funds;

(two) for not in accordance with the provisions of the insured motor vehicle traffic accident liability compulsory insurance of motor vehicle owner, manager of fine;

(three) rescue fund management institutions in accordance with the law to the road traffic accident responsibility compensation funds;

(four) rescue fund fruits;

(five) other funds.

Specific measures for the management of the twenty-sixth rescue fund, by the financial department of the State Council jointly with the public security department under the State Council, the China Insurance Regulatory Commission, the State Health Department of agriculture of the State Council, the departments in charge of the trial.

Article twenty-seventh the insured motor vehicle road traffic accident, the insured or the victims notify the insurance company, the insurance company shall give a reply immediately, inform the insured or the matters related to the specific compensation procedures.

Article twenty-eighth the insured motor vehicle traffic accidents, by the insured to the insurance company for compensation insurance. An insurance company shall, upon receipt of an application for compensation1Days, written to inform the insured needs to provide insurance and compensation of the relevant proofs and materials.

Twenty-ninth an insurance company shall, after receiving the insured to provide evidence and information on the date of5Days, making the decision of whether to liability insurance, and will notify the insured; do not belong to the insurance liability, it shall make a written explanation; on the part of the insurance liability, the insured and reach a compensation insurance agreement10Days, compensation insurance.

Article thirtieth the insured and the insurance company has any dispute over the compensation, may apply for arbitration or bring a lawsuit to the people's court according to law.

Article thirty-first insurance companies paid indemnities to the insured, or directly to the victim compensation insurance. However, because of the need to rescue the injured to the insurance company to pay or pays rescue expenses, insurance companies in a traffic control department of the public security organ shall timely notification, the check to the medical institutions to pay or pay the rescue expenses.

Because of the need to rescue the injured rescue fund management institution pays rescue expenses, rescue fund management institutions in a traffic control department of the public security organ shall timely notification, after checking the advance to the medical rescue expenses.

Thirty-second medical institutions should be related to clinical guidelines with reference to the State Council formulated by the competent department of health, treatment, rescue the personnel injured in road traffic accidents.

Article thirty-third the insurance company compensation insurance or pay the rescue expenses, rescue fund management institution pays rescue expenses, need to relevant departments, medical institutions to verify the situation, the relevant departments, medical institutions should cooperate.

Article thirty-fourth insurance companies, rescue fund management agency personnel shall keep confidential to Party's privacy.

The thirty-fifth road projects of compensation for traffic accident damage and standards in accordance with the provisions of relevant law enforcement.

　　The fourth chapter penalties

Article thirty-sixth without the approval of CIRC, illegally engages in the business of compulsory motor vehicle liability insurance, by the CIRC shall be banned; constitutes a crime, shall be investigated for criminal responsibility according to law; if no crime is constituted, shall be confiscated of the illegal income, illegal income20Million, and the illegal income1Times5Times the amount of illegal income; no illegal income or insufficient20Million, office20Million yuan100A fine of 10 thousand yuan of the following.

Article thirty-seventh insurance companies will be permitted to engage in the business of compulsory motor vehicle liability insurance without insurance, by the CIRC shall order it to make corrections, shall be ordered to refund the premium, confiscate the illegal income, illegal income10Million, and the illegal income1Times5Times the amount of illegal income; no illegal income or insufficient10Million, office10Million yuan50A fine below 10000 yuan; if it fails to do so or causing serious consequences, shall be ordered to suspend business for rectification or revoke the license to carry on insurance business.

Thirty-eighth where an insurance company violates the provisions of these regulations, any of the following acts, by the CIRC shall order it to make corrections, office5Million yuan30A fine below 10000 yuan; if the circumstances are serious, can limit the scope of business, shall be ordered to stop accepting new business or revoke the license to carry on insurance business:

(a) refuse or delay the insured motor vehicle compulsory liability insurance of traffic accident;

(two) are not in accordance with the unified insurance clauses and insurance rates in motor vehicle traffic accident liability compulsory insurance business;

(three) is not the business of compulsory motor vehicle liability insurance and other insurance business separate management, separate accounting;

(four) a commercial insurance contract enforcement of the insured;

(five) lift the motor traffic accident liability compulsory insurance contract in violation of the provisions of the;

(six) refuses to perform the agreed compensation insurance obligations;

(seven) is not in accordance with the provisions of timely payment or advance to save costs.

Article thirty-ninth the owner of the vehicle, management not in accordance with the provisions of the insured motor vehicle traffic accident liability compulsory insurance, the traffic control department of the public security organ detain the vehicle, notify the owner of the motor vehicle, managers in accordance with the provisions of insurance, insurance is in accordance with the provisions of the minimum liability limit shall pay the insurance premium2Times the penalty.

All motor vehicles, management in accordance with the provisions of article of motor vehicle traffic accident liability compulsory insurance, motor vehicle shall be returned in time.

Article fortieth a motor vehicle on road fails to place the label of insurance, the traffic control department of the public security organ shall detain the vehicle, notify the party concerned to provide the insurance sign or go through the corresponding formalities, be given a warning or20Yuan200Yuan fine.

The parties concerned to provide the insurance sign or go through corresponding formalities, motor vehicle shall be returned in time.

Forty-first Whoever forges, alters or use forged, altered insurance mark, or use other motor vehicle insurance mark, be confiscated by the traffic control department of the public security organ, to detain the motor vehicle, office200Yuan2000Yuan fine; constitutes a crime, shall be investigated for criminal responsibility according to law.

Corresponding lawful proof or makes up corresponding formalities, motor vehicle shall be returned in time.

　　The fifth chapter supplementary provisions

The forty-second purpose of the regulations:

(a) the insured, refers to the insurance company to make the compulsory motor vehicle traffic accident liability insurance contract in accordance with the contract, and is obligated to pay insurance premium obligation of all people, management.

(two) the insured, refers to the legal driving the insured and permitted.

(three) rescue costs, refers to the motor vehicle road traffic accident injuries, medical institutions clinical guidelines with reference to the State Council formulated by the competent department of health of vital signs, not smooth and although stable vital signs but if you do not take measures will have dangerous life, disability, or organ dysfunction, or cause the course was significantly prolonged the injured, the measures taken to deal with the necessary medical expenses.

　　Article forty-third trailer is not the insured motor vehicle traffic accident liability compulsory insurance. Road traffic accident caused personal injury, loss of property, forced by the traction car insurance company in motor vehicle traffic accident liability insurance liability limits the scope of compensation; the problems, by the tractor and trailer shall bear the liability for compensation according to law. (2013Years3Month1The date of promulgation)

The accident of forty-fourth vehicles on the road outside the place, cause personal injury, property damage compensation, these regulations apply.

Forty-fifth China people's Liberation Army and people's Armed Police Forces in the China vehicle to vehicle traffic accident responsibility compulsory insurance measures, shall be separately prescribed by the China people's Liberation Army and people's armed police forces China.

Article forty-sixth the vehicle owner, managers from the date of promulgation of this regulation3Months of the insured motor vehicle traffic accident liability compulsory insurance; insurance expired insurance commercial motor vehicle third party liability insurance, before the implementation of these Regulations shall be compulsory traffic accident liability insurance, the insured motor vehicle.

Article forty-seventh of the regulations shall2006Years7Month1The date of promulgation.