Taiyuan insurance which is better: his car crashed his car insurance company also compensation, how should this thing - Guo Yajun you announced

Their car crashed his car insurance company to compensate those who bought insurance why people know, there is such a clause in the "car insurance contract": "the insured, the insured not by some in the performance of timely notification obligations within 48 hours, the insurer shall not bear the liability of the insurance provisions." Taiyuan insurance which is better: this seems to have become a convention, and became an excuse will not claim the insurance company.

However, in the Kunming City Intermediate People's court in sentence case, rejected the terms, this case also became the Kunming intermediate people's court in 2007 cases. His BMW hit modern, in January 24, 2005, Liang Chenggang in the China earth property insurance Yunnan branch of Limited by Share Ltd for their BMW car insured loss of vehicle insurance, third party liability insurance, non deductible special risks. In June 6th the same year, he again in China Ping An Property Insurance Yunnan branch of Limited by Share Ltd to own a Beijing modern car insurance against loss of vehicle and third party liability insurance.

In November 14th the same year late, modern car collision the father-in-law of Liang Chenggang Lee was driving a BMW car accidentally with Liang Chenggang driving, the traffic police department that full responsibility for Mr. Lee BMW car driving for the accident. After the accident, Liang Chenggang immediately notify the earth Bao Yunnan branch for claims on BMW, but the company refused to compensate two modern car loss.

Bao Yunnan branch that land ownership are collided vehicle, according to the exemption clause in the motor vehicle third party liability insurance clause, the insurer has the right to reject; Ping An Bao Yunnan branch is considered in this traffic accident have no responsibility for beam, the parties agreed in the contract, companies can not bear the compensation responsibility, and after the accident, the insured did not perform timely notify the legal obligation of insurance company, the company has the right to refuse to pay, the case shall be liable to bear the earth properties.

Then, Liang Chenggang to the Wuhua district court, asked the two insurance company to compensate for the loss of vehicles 2877 yuan, and bear all the legal fees 2000 yuan. The Wuhua court of First Instance judgement of the earth: Bao Yunnan branch pay Liang Chenggang insurance compensation 2721 yuan, 2000 yuan lawyer fees. After the verdict, the earth Bao Yunnan branch dissatisfied, to appeal to the Kunming intermediate people's court.

The second instance court sentenced Pingan Insurance Compensation for the losses: the Kunming intermediate people's court hearing that: modern vehicle collision resulted in the loss of belonging to the scope of insurance liability agreed Liang Chenggang and peace zone Yunnan branch signed a "contract for the vehicle damage insurance", and "car insurance contract" in "the insured, the insured not by some in the performance of time the obligation of notification within 48 hours, the insurer shall not bear the" insurance liability agreement, in violation of the relevant provisions of the "insurance law" Ping An Bao, Yunnan branch shall bear the compensation responsibility.

Accordingly, the Kunming intermediate people's court made a final decision: to withdraw the first instance judgment; by Ping An Bao Yunnan branch pay Liang Chenggang insurance compensation of 2721 yuan and 2000 yuan lawyer fees. Judge Feng Hui introduction graduated from Zhongnan University majored in economic law, the Kunming intermediate people's court five court civil assistant judges, three judges. Repeatedly been rated as Kunming City Court "the expert", "outstanding judge". Institute of case two were rated as excellent case.

Speech judicial justice is the bounden duty of the people's justice. The judges, judging is not, the results should reflect social justice, orientation and value standard. The members of the collegial panel: judge: Chen Hongyang; judge: Fu Xiyong; Acting judge: judge Feng Hui comments

The new case of this case system in the insurance contract, the insurance contract to define how to fulfill the responsibility, the insurance company, has very strong practical value. The case highlights: grasp the relevant legislative principle and legal spirit, careful interpretation of legal terms involved in the case, determine the insurance contract the insured, the insured not by some in the performance of timely notification obligations within 48 hours, the insurer shall not bear the liability insurance contract, and invalid due to violation of mandatory provisions of the law;

On the third party liability insurance is fully discussed and make an accurate definition of "third party", has carried on the beneficial exploration in the legal, some development in the application of the law. Make reasonable confirmation of an insurance company shall bear the responsibility, according to the actual cases, the insured fails to notify the insurance company, according to another insurance company directly involved in the damage process of vehicle made by the loss of confirmation of the insurer's claims the amount of liability, cleverly solved the liability of the insurer shall bear the trial judge, reflecting the higher judicial skill.