Vehicle rental insurance accident occurs can be awarded

    In March 18, 2010, Zhang for their cars in an insurance company insurance compulsory insurance and commercial insurance, including commercial insurance includes non operating vehicle damage insurance, three party insurance and non deductible insurance, the driver is not specified. In May 9, 2010, Zhang insurance car rental to Yang, the monthly rent is 2000 yuan. In July 11th, into a roadside ditch Yang driving the vehicle, causing the loss of vehicle insurance to 11000 yuan, Zhang claim to the insurance company, insurance company to Zhang non operational nature of the insured vehicle for paid rent, changed the nature of the vehicle, a significant increase in the risk of the insured vehicle on the grounds, refused to compensate. ZhangAnd a court, request any insurance company to compensate for loss of vehicles 11000 yuan own.
   The dispute focus is Zhang behavior lease vehicles is changes in the use of vehicle insurance risk, which leads to the subject matter of the insurance increase.
The collegial panel has two kinds of meaningSee, the first view is: the insurance company have the right to decline. According to the provisions of article fifty-second of the law of insurance, the insured will insurance vehicle leased to others to use in order to profit, changed the use of vehicle, which increases the degree of operation, the subject matter of the insurance risk; a second opinion is: the insurance company shall be liable for compensation. At the time of the accident insurance practical vehicle use and not engaged in commercial operations, insurance companies can't prove a will of its vehicles leased to Yang use behavior, significantly increased the risk of vehicle insurance. The insurance accident, the insurance company shall claim.
    I agree with the second opinion, the reasons are as follows:
    Insurance is a risk management industry, the insurer as a party to a contract underwriting risk on its judgment, the state produced rate table in the rate coefficient of performance or the insured amount displayed, and the tariff is the insurer to judge its underwriting risk basis, and we think the degree of risk is significantly increased on the basis of. Significant increase in so-called dangerous degree, refers to the change of the original insurance contract risk status as the basis for the serious adverse to the insurer's status. Not as long as there is increased risk occurs, the insured has the obligation to inform the second instance is, in the increased risk degree reached significant level, appear the insurer can therefore decide whether to increase the insurance premium or refuse to cover the situation, can be set up.
     Determine the vehicle insurance rate in China either implemented from vehicle to pay attention to, or implemented from humanism, view from the vehicle, about the degree of risk driving increase situation mainly with the vehicle, such as vehicle modification, adding and change in use, just as the drivers of change, as long as the drivers are qualified driving license, generally does not affect the degree of danger; think from humanism, the car is driven by different people, not everyone the same driving conditions, age, personality, occupation and other factors difference, its use is the degree of risk insurance vehicle obviously different.
    From my insurance company currently rates using it, one is the designated driver in the vehicle insurance situation, most insurance companies rate used is from the car and the principle, namely the rate not only according to the type of vehicle and vehicle use two reference coefficient, age, gender, driving the driver regional, the average annual mileage, traffic violation records coefficient also influence rate determination; two is the driver situation is not specified in the individual vehicle insured, the insurance company still use the car from the principle, namely the rate is determined according to the two basic factor of vehicle type and vehicle use. In judicial practice, we can judge the degree of risk to the subject matter of the insurance vehicle insurance Is it right? Were significantly increased by the rate. But because the applicant is to choose the rate factor different according to their own situation, standard risk degree are different.
To sum up, if the insured vehicle leased to the third party, is likely to produce according to the use of vehicles and drivers in different situations lead to different results:
    1 the insured vehicle loan for personal use, to see the various insurance companies rate is adopted from the car's, from humanism or from the car and the humanism. Such as the use of the car is not specified, the driver, as long as the use of people not of the car into the business, it should not be identified risk level changes; such as the humanism, which specifies the driver, not only according to the premium rate adjustment coefficient table corresponding to the specified drive people, sex, age, driving age coefficient, to determine the use of control is the degree of risk insurance vehicle is increased, but also the use of people will be the car into commercial operation.
    2 the insured the vehicle leased to the units used in Beloved, use depends on the unit properties and use of vehicles. According to the provisions of the insurance, to determine the loan after the use of control is whether to increase the risk of vehicle insurance. If the lease to non business enterprises, organs and other fees lower than the non business individual vehicles units, is the degree of risk insurance vehicle does not increase. If the leased to the car rental company, a rate higher than non business individual vehicle unit, has increased the degree of risk.
    In this case, policyholders in insurance does not specify the driver from the car, applicable at the time of the accident, the insured vehicle actual use Yang did not engage in business operations. Therefore, the insurance company can not prove that the lease of the plaintiff's increases risk of vehicle. The insurance accident, the insurance company shall make compensation.