The owner's car accident insurance company unilaterally according to this
　　Chengdu then the overthrow of the insurance industry and a "Refusal" terms of format, and earnestly safeguard the legitimate rights and interests of the owners
　　
As agreed in the contract and no consensus after the unknown circumstances, the owner of unilateral accident car to 4S shop repair, the insurance company may, according to the relevant provisions of China? Recently, Chengdu Sichuan province court together the case, not only overthrew related exclusions clause exists universally in the insurance industry, but also pointed out that insurance companies should bear the primary responsibility for the resulting repair costs. Legal professional personage points out, has the very strong practical significance that the court's decision, and is conducive to safeguarding the legitimate rights and interests of the owners.

　　Dispute root: repair party agreement is unclear, the owners repair out of trouble

Chengdu owner Mr. Liu in 2005 May with the Pacific Insurance Company Sichuan Branch (later known as the "Sichuan company") signed a comprehensive insurance contract of motor vehicle, the Mercedes Benz S600 car insurance against loss of vehicle, three party insurance etc.. Last March 12th, Mr. Liu in the period drives the car collided with another vehicle. The next day, Liu Yu will be the car accident sent to Sichuan, Sichuan confidence classic Qimao company Testing Center for testing, confidence, determine the repair costs a total of 14 yuan. However, both sides but in repair, repair items and units on a different.

The fruitless negotiations after the car accident, Liu Danfang will be sent to the Benz Corp in the southwestern region of a professional repair company repair, the company is also the Chengdu area only authorized repair Mercedes Benz 4S shop. Let Sichuan company to accept is that, the 4S shop repair after the cost up to 270200 yuan ($384200 discount before). The two sides once again on the issue of compensation can not reach agreement.

In June 28th last year, Liu insurance companies will be prosecuted to the Qingyang District Court in Chengdu city. Reporter found in the relevant literature of the case, both sides was not in the insurance contract clearly agreed the accident vehicle repair. At the same time, the insurance clause seventeenth of the contract clearly agreed: "insurance vehicle insurance accident due to damage or cause third party property damage, should be repaired as the principle, try to repair. Repair of the insured person shall determine the insurer inspection, project, and repair cost, otherwise, the insurer has the right to re approved or refused to compensate."

Notable is, the reporter then consulting contracts and insurance related clauses of other companies also found, major insurance companies have not in the contract with the owners clearly agreed accident car repair, and there are twelve terms and conditions of the insurance similar. China consumer net Sichuan channel counsel He Jialin lawyers pointed out, the insurance company in the policy does not explicitly agreed accident vehicle repair and stressed that "to repair", which limits the option owner in the objective, and is also the root cause of similar disputes.

　　The insurance company: limit the owners choice, derived from the 4S store high fees

Insurance companies generally emphasize why "to repair" and does not explicitly agreed repair party? Pacific Insurance Company Sichuan Branch legal consultants Xie Jiazuo said, this and the 4S shop repair fees are generally higher than similar qualified auto repair factory, some exclusive, monopoly 4S shop in this regard is more outstanding. In this case as an example, although the same as imported Mercedes Benz auto parts, the 4S shop price is several times more than other company. If the wiper kettle, the 4S shop for 1228.3 yuan, the same company for 470 yuan; wiper spray pipe, the 4S shop for 1552.8 yuan, the company is only 460 yuan.

"Repair party cannot be determined by the owners unilaterally, one important reason is to avoid unnecessary waste, after all, the insurance company also undertake corresponding social responsibility, not purely profit institutions, especially the owner of some enjoy the nature of the expenditure should not pay the insurance company." Thanks for that, as long as the insurance company to choose the repair to ensure the car accident to repair and normal use, the policy is clearly repair party is not important.

Chinese PICC Sichuan Province branch law department manager You Jie said, the policy was not clearly stipulated in the accident vehicle repair, it is a common practice in the industry as a whole, objectively also indeed unilaterally restrict the choice right owners. However, 4S shop repair costs based on generally higher than the fact that the quality of similar auto repair factory, the car is specially agreed by the 4S shop repair can also, but the insurance company will be a corresponding increase in premium rates.

In an unknown circumstances, the owners are more likely to choose who to repair the car accident? The reporter investigates discovery, the owners tend to 4S shop, the main reason is that the 4S store more professional advantages than ordinary auto repair factory, but also enjoy other services. As for the choice of the 4S store whether means that the insurance company should increase the rates, many owners have expressed opposition to the insurance company, the reason is: there is no evidence that current rates did not consider this factor 4S.

　　Final judgement: the claim is not active, the insurance company to assume the main responsibility

The consensus condition not unilaterally determine repair, the insurance company really can decline according to the relevant clauses? This year at the beginning of 6, the court of First Instance judgement of Sichuan company to compensate Mr. Liu repair costs 270200 yuan and undertake the corresponding interest. The companies may appeal to the court and Chengdu, and that according to the provisions of clause seventeenth, exceed 140000 yuan cost of repair "losses", by Liu Zihang bear.

"Exceed the standard" repair costs are "losses" and an insurance company may decline? At the beginning of this year 10, Chengdu court rejected this argument in the court of final judgment. The court thinks, in case not consensus, Mr. Liu will direct the accident vehicle designated by the Benz Corp only in Chengdu area of the 4S shop repair, the actual situation in the proper sense and vehicle disposition behavior of consumers, and avoid further loss. However, in contract, the two sides on how to further negotiation, timely and properly disposed of repair scheme based on no positive agreed, so both sides to dispute liability.

The court also believe that, in the event of a dispute the claim, Sichuan company should active consultation, properly handle disputes, but the delay performance of the relevant obligations eventually led to the accident vehicle repair costs, so deal with disputes bear the main responsibility; the owner Mr. Liu because there is no sufficient evidence to prove its disposition is the implementation of the insurance company to confirm later, shall bear the responsibility for minor. Integrated the actual situation of the case, the court verdict Sichuan companies bear the responsibility of compensation is 80% of Mr. Liu repair costs 216100 yuan, and bear the corresponding interest.

"Sure who repair the car accident, in real life by a strong position in the insurance companies say, the owner cannot consensus circumstances under the insurance clauses of exclusions provisions can only compromise." Lawyer He Jialin to think, the final decision effectively reversed the insurance industry another inequality format articles, so it has very important practical significance. Zhang Xueyong.