Taiyuan Ping An insurance (Che Zhilei 18636679969) Taiyuan peaceful telephone car insurance Chinese Taiyuan peaceful telephone car insurance Taiyuan Ping An insurance telephone car insurance Taiyuan peaceful telephone car insurance how Taiyuan peaceful telephone car insurance number 2011 Taiyuan peaceful telephone car insurance Taiyuan peaceful telephone car insurance good Taiyuan Ping An insurance customer service phone

In March 30, 2009, Zhang for all its cars to some insurance companies to buy insurance, the parties in accordance with the new car to purchase price of 250000 yuan, bought including non business automobile insurance, non deductible clause, insurance. The insurance period from March 31, 2009 zero hour rises to March 30, 2010 when only twenty-four. The night of November 3, 2009 by Yang driving, due to avoid pedestrians rushed down the road fell into the pond, causing the whole car damage. The traffic police and insurance companies were sent to the scene investigation to confirm the accident. Risk capital two quarter: drinking medicine Dabu bank shares deposit insurance funds in July were 167600000000 lower than the owners sued the Ping An insurance exclusions engine inlet cast even insurance profits variable annuity or admission to the new insurance how to not spend the money the motor vehicle driving license display vehicle registration date for August 11, 2002. Auto repair factory of the car after the inspection, the repair to Zhang (estimated) costs 122040 yuan. The insurance company in 2010 March commissioned its own Price Bureau Price Certification Center for the loss of the car, the car repair baseline on March 27, 2010 the value of 60000 yuan, and that the car repair value is greater than the market value, the car of constructive total loss, the loss value of 45000 yuan.
Conclusion Yang loss not recognized insurance companies unilateral entrusted appraisal that, for insurance company to claim in accordance with the provisions of insurance and insurance clauses, to the Arbitration Commission proposed a 100000 yuan compensation, insurance companies argued that the actual loss of 45000 yuan only, do not want to lose.
Lawyers analysis
(a) about the validity of a contract
Covered by insurance, insurance contract, insurance policy, a single batch and special agreement. The insurance contract between the insured and the insurer is the true meaning of the parties, and the insurance contract does not violate the provisions of "contract law" article fifty-second, which does not violate the law prohibits, true and effective. In this case, the insurance policy, non business automobile insurance clauses (hereinafter referred to as the insurance clause) of both parties shall comply with the legal binding force.
(two) about how to determine the value of the vehicle
In this case both sides recognized the car belongs to a total loss, the focus of controversy is that the actual value of the vehicle, or, how to determine the actual value of the vehicle is the essence of the case in dispute. Notably, both sides support loss reason is very different. Zhang believes that the real value of this car is 10 yuan, while the repair shop for a car repair cost price is 12 yuan, the high cost of repair of the actual value of the vehicle, so it belongs to all. The insurance company is to Price Bureau Price Certification Center of the conclusion as a benchmark, think the same models in the two level of market price in 40000 yuan, repair the value in 60000 yuan, the car repair value is greater than the market price, also identified as total loss. Visible, whether in total on the issue, both sides does not have the dispute. The actual value of the vehicle at the time of the accident, or insurance how much is the focus of dispute between the parties, but also the key to the case processing.
In the case of vehicle loss after loss value, should according to the two sides signed insurance contract to deal with. According to the two sides recognized the "non business automobile insurance clause" of the provisions of article twenty-seventh, the vehicle total loss, different way to determine insurance amount determines the compensation differently. In the insured party in new car to purchase price to determine the amount of insurance, which shall be determined through negotiation between the new car to purchase price of 250000 yuan to determine insurance amount vehicle damage insurance for 250000 yuan. Methods to determine that comply with the provisions of clause tenth, shall be the basis for treatment.
Insurance clauses of article twenty-seventh (a) item first items according to new car purchase price to determine insurance amount, compensation processing after vehicle total loss, provides detailed compensation method. That "all the losses, calculation of 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 is determined according to the insurance contract the same type of car market price when insurance accident happens, 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".
The date of registration of the vehicle at the time of the accident in August 11, 2002, to 99 months. The insurance clause stipulates that the tenth "9 the following passenger car" monthly depreciation rate of 0.6%. The car for 7 months after the accident, the accident occurred when the new car purchase price of the parties fail to agree, the presumption by Zhang in the insured negotiated new car to purchase price of 250000 yuan. According to the above formula, it is not difficult to get the depreciation amount is 148500 yuan, the actual value of the accident occurred when the vehicle is 101500 yuan. Now that the applicant requested by the applicant to compensate 100000 yuan, clear up the mantissa, civil rights can be waived by the parties themselves, namely, the insurance company shall make compensation for the Zhang 100000 yuan.
And insurance companies that produce by the Price Bureau price assessment is in this case according to the only proof of compensation. From the point of view of the burden of proof, the vehicle should be lower than the actual value insurance terms calculated 100000 yuan, or about 45000 yuan compensation insurance company can only claim, shall bear the corresponding burden of proof to the court of arbitration. In this case, the insurance company in the damage process, vehicle value appraisal entrusting price appraisal institutions, because it is unilateral commissioned, Zhang does not endorse the conclusion. More importantly, the evaluation conclusions and calculated according to the insurance provisions of the total results differ by more than one time, and the insurance company and the entrusted evaluation unit did not give a reasonable explanation. According to clauses, insurance company has the right to independently of the loss of accident vehicle (or review), but Zhang also have the right to insurance company loss results were questioned and not recognized. In view of this, the insurance company only unilateral entrusted appraisal as a defense against the basis, is very thin. Especially the questioning and not be recognized in the insured, even in the arbitration case, did not apply to the arbitration tribunal commissioned judicial identification, still insist on unilateral evaluation results, apparently not Shihuai questioned the insured, just from the processing point of view, the insurance company does not reach the convincing proof of degree, so the justification is not supported.