Beijing owner Ms. Wang opened a12Years of Santana, worth thirty thousand or forty thousand yuan, is the insurance amount insurance company gives the car10.08Million yuan. Sales staff insurance company explained, this is a unified company, no matter how many years of driving a motor vehicle insurance, must press the new car to purchase price to calculate.

The value of only thirty thousand or forty thousand yuan car, must pay insurance premium by the new car price one hundred thousand yuan, up only claims under the old car--Such"The terms of overlord"Popular in the insurance industry."High and low compensation"The despot provisions to allow insurance companies"After both ways"But let owners eat yabakui.

Question one: the value of only thirty thousand or forty thousand yuan car, but must pay the insurance premiums one hundred thousand yuan according to the new car price, consumers think insurance pricing significantly"Empty high". Insurance companies, this approach is reasonable?

Guangdong (Shenzhen) ear Jiang firm Li Chunhua lawyers: This is obviously unreasonable, in violation of the relevant provisions of the law, from the "consumer protection law", "contract law" to establish equality, voluntary, fair, honest credit principle, subject to compulsory consumption behavior. "Insurance law" of the people's Republic of China article fifty-fifth paragraph third has made this clear provisions,"The insured amount shall not exceed the insured value. Exceed insurance value, excess is invalid, the insurer shall return the insurance premium."That is to say, the insurance amount must not exceed the actual price. Therefore, encountered such a situation, consumers can report to CIRC, or to the court, requires insurance companies to refund the overcharged premiums.

Question two: according to the price of a new car to pay insurance premiums, but according to actual value at the time of the accident vehicle for compensation claims, this and that most consumers and much compensate how many odds. This approach the insurance company is involved in the terms of overlord?

  Guangdong (Shenzhen) ear Jiang firm Li Chunhua lawyers: the provisions of the insurance companies "and more pay less" is the terms of overlord. First, the terms of the insurance company to advance the development and use of repetition is not in consultation with consumers and the development of the. Insurance companies to pursue the maximization of their own interests and unilateral limit consumer rights, deprived of choice and even bargain rights of consumers, damage the legitimate rights and interests of consumers, should not be recognized its legal effect. "Clause of Xiang Yu the conqueror and more pay less" to act in the situation should be abolished, it is crucial for image integrity construction and industry insurance industry!

Problem three:"High and low compensation"Such"The terms of overlord"Popular in the insurance industry, but the owner is not fair. How the pricing mechanism of domestic insurance premium standard?

Guangdong (Shenzhen) ear Jiang firm Li Chunhua lawyers: at present the domestic insurance premium pricing mechanism is not perfect, but high and low compensation phenomenon in any case should not advocate. Personally think that the pricing mechanism, standard insurance premium, can proceed from the following aspects:

First of all, should be developed in the existing legal framework, not in violation of the relevant laws and regulations. According to the regulations Chinese CIRC "notice" on the strengthening of motor vehicle insurance clauses and premium rate management of commercial,The insurance company shall strictly implement the approved by the CIRC commercial vehicle insurance terms and premium rates. The insurance company for the commercial vehicle insurance premium rate should follow the principles of adequacy and fairness,Commensurate with the insurance liability,To compensate for the risk transfer cost,The company shall not endanger the financial stability and solvency,The applicant, shall not damage the legitimate rights and interests of the insured.

Secondly, should refer to foreign advanced experience and practices. In contrast, foreign insurance premium is more according to the vehicle's actual value, models and accident probability and other related factors of premium calculation, rather than make it rigidly uniform way.

Moreover, should introduce the mechanism of price hearing, so that owners are also involved in pricing. The signing of the insurance contract, should give full play to the negotiation mechanism, give the owner shall have the right to know and to choose, so that it can achieve the purpose of win-win.