Wading vehicle flameout, "all risks" what do not lose?

All risks should inform the details, deductible shall inform -- one one

"All risks" what do not lose

July 21st rain, resulting in Beijing more than 15000 car "nose". So many insurance car wading flame is the insurance company paid?

"What is all risks"? Is your car encountered a problem, you can find the full insurance company claims?

Haidian court trial together with the insurance case, the overthrow of the definition of the public for the "all risks".

Plaintiff.

When I told the insurance is "all risks", but now no matter lose, this will become the terms of overlord!

Defendant.

Engine wading insurance are additional risks, the plaintiff did not insure our request for compensation, without any basis.

Lawyer.Qiu Baochang, head of the association of lawyers.

"All risks" to inform the specific insurance, deductible clause one one to inform the insured, otherwise, such provisions are not in force.

-- a flameout or two flint focus on controversial wading insurance, since they cannot identify technology, China Insurance Company, it is unfair to consumers, is a typical despot provisions.

Auto repair experts:Jia Jianduo, expert of Department of Beijing foreign automobile service limited company technicians

What is a flameout or two fire resulting in engine damage, technically speaking, is to look not to come out, even if is a professional instrument is not good as. According to the 4S store identification results, showed only that the water deep, serious flooding.

Wading flame, the first time to report to the police

Time back to August 9, 2011, the day, the field that many Beijing people impressed by the heavy rain.

Beijing city meteorological station at fifteen forty-six, sixteen fifty two times successively issued a yellow lightning, rainstorm blue early-warning, heavy rainfall in Beijing city north of the city of Zhongguancun and other regions. Heavy rains caused the Beijing metro line thirteen Huoying to Lishuiqiao fault, causing the vehicle to stop before the temporary parking, then reverse into the Lishuiqiao station. Shangdi software park water has flooded half a wheel.

Over time for almost 2 hours, waiting in the office of Mr. Bao see the rain outside a little, and decided to go home.

About 19:20, Mr. Bao driving Mitsubishi outlander car traveling from south to North in Xierqi East, to Xierqi Dong Yi Lu and Xierqi street intersection north about 300 meters, because the ground some low-lying, water accumulation in the pavement. Mr Bao hearts in their mouths, but only to other drivers, crustily skin of head low speed forward.

Unfortunately, the front surface with a truck driven, backward rapidly coming, Mr. Bao car stalled.

The first time, Mr. Bao called PICC direct compensation for automobile 4S stores and Mitsubishi cars in the China rescue call.

Just cleaning, 34029.2 yuan is deductible

In August 10th, the vehicle by the scene of the accident was shipped to the 4S shop repair.

4S shop on the fault diagnosis: vehicle engine inlet process, resulting in engine 1 cylinder piston connecting rod, cylinder of engine knock loss; oil inlet; antifreeze water; the gearbox oil inlet; the vehicle interior water; repair need to replace the engine cylinder assembly, a transmission oil, engine oil, machine filter, antifreeze, transmission oil, air conditioning fluoride, gas filter, the chamber also need dismantling and cleaning etc.. In September 19th, vehicle repair, repair total cost: 37268 yuan.

However, in the adjustment process, the insurance company told: Vehicle wading cause engine damage to franchise, the insurance company is responsible only for interior disassembly and cleaning, changing engine oil and other projects, therefore the results for 3238.9 yuan, 34029.2 yuan to pay the rest.

"The vehicle is in the normal road running process, the instantaneous heavy rains caused water road leading to the flame, and the vehicle off the loss, should belong to the category of vehicle damage insurance claims, why they refused to pay?" Refuse to insurance company let Mr. Bao very angry.

Stop loss, the insurance company did not lose

Later, Mr. Bao made the wrong some insurance knowledge. Before 2003, rates and terms of China's insurance market is unified, and since January 1, 2003, the China Insurance Regulatory Commission of insurance clauses and premium rate reforms, the company began to implement differential rates, the insurance company may, according to their actual situation, formulate rates and terms through actuarial, reported to the China Insurance Regulatory Commission examination and approval for the record. But the rate of release, the main competition is increasing in more choice opportunities at the same time to the people, but also to the insurance market has brought a disorderly competition. Since July 1, 2006, the China Insurance Regulatory Commission of insurance clause and a unified, divided into A, B, C 3 versions for companies to choose, there is not much difference between the 3 versions of the insurance clause. After the implementation of new provisions, to engine damage is under way: "the storm caused the loss of vehicle insurance company can compensate, but the insurance vehicle in the flooded and exhaust water start or flooded and improper operation due to negligence resulting in engine damage caused by the loss of exemption."

"After flameout can never be two start of the vehicle, will let the engine was scrapped, this knowledge is still there." Mr. Bao deeply a remember having seen the reports, a driver in the water after flameout, start the key to start the vehicle, resulting in engine damage, spent nearly 50000 yuan.

"I did not start in the water or improper operation, the insurance company has no reason to reject." Mr. Bao to believe it.

"All risks" incomplete, even out additional risks

Later, he had found that many insurance companies, insurance companies and make such explanations: "engine loss does not belong to the car caustic danger, are additional risks, and you are not insured additional risks."

"I not is all risks? All of a sudden, and the emergence of additional risk?" Mr. Bao is confused, he repeatedly recalled the insurance situation, clearly remember that "all risks insurance he recommended to", and his plan to peace of mind, also deliberately chose "".

"All risks is not to cover all the terms? I in the purchase of insurance, the insurance company has never been told and insurance coverage, deductible for provisions." And now to claims stage, while said to belong to the exemption clause, then take out additional risk, at this time, Mr. Bao is very angry, are being felt.

Many consultations fail, Mr. Bao in the Peoples Insurance Company of China Beijing Haidian branch court.

Whether to inform, dispute continues......

In court, Mr. Bao arguing with the insurance company continues:

Plaintiff: in the purchase of insurance, the insurance clauses not served to us, also did not inform the relevant insurance, deductible for. The relevant clause should not take effect.

The defendant the plaintiff said: we did not to suggest additional risks, is obviously not logical, because the plaintiff was covered on the glass, glass insurance are additional risks, the statement we are not to suggest additional risks obvious discrepancies.

Judge: the defendant, the plaintiff in the insured when the engine damage free compensation agreement, whether the plaintiff had?

Defendant:. The insured will be handed over to the insured insurance clause.

Judge: the plaintiff, you are insured, whether the defendant to your paid insurance clause?

Plaintiff: No.

Judge: whether the defendant on the insurance in the liability exemption part to you for that?

Plaintiff: not in any way on my side.

......

Plaintiff: from first to last, insurance companies only offer me a contract of insurance, the additional terms and deductible clause did not see, and no oral told.

Defendant: from the point of insurance that can be seen, the relevant provisions of the applicant is to read.

......

The judge did not in court.

The case of warning

The court: no explicit insurance companies must pay

The same is the car wading flame, Mr. Qi has the same packet's experience, but the final result let Mr. Qi very happy.

The afternoon of August 1, 2011, Mr. Qi a line of self driving tour of Inner Mongolia. Who knows, the rains caused River flood, flooded road. Just a wading, Mr. Qi car stalled, he immediately contact the insurance company for each other. In Daqing dismantling, found the car was badly damaged, he had to listen to the advice from the insurance company to pull the car back to Zhengzhou repair. Mr. Qi paid a total dismantling, trailers and repair costs 230767 yuan.

Thinking of buying a car. Don't worry, Mr. qi. Can not think of, the insurance company refused to pay, the reason is Mr. Qi didn't buy "wading insurance".

Mr. Qi to China Ping An Property Insurance Henan branch of Limited by Share Ltd to court, requesting an order to pay the insurance compensation 230767 yuan each other.

The court held that, Mr. Qi as the car payment is reasonable, necessary expenditures, the insurance company should compensate.

Although the insurance company that Mr. Qi didn't buy "wading insurance" so do not pay, but there is no evidence that Mr. Qi in the insured when the insurance company on the exemption clause to Mr. Qi was prompt to inform, and make prompt and description of the exemption clause is our country's Insurance Law expressly. So, Zhengzhou city Jinshui district court decision defendant China Ping An Property Insurance Henan branch of Limited by Share Ltd to pay the plaintiff Mr. Qi insurance indemnity of 230767 yuan.

The focus of controversy

All risks: there is no such concept

"I was up against all risks, why not pay?" In the insurance companies charge point out, this is the owners complained the most problem.

An industry insiders told reporters, "all risks" is actually a concept very easily to be misunderstood. The so-called "all risks", refers to the 4 main risks the most commonly used or 6 main risks. 4 main risks include the loss of vehicle insurance, third party liability insurance, whole vehicle pilfer to irrespective of percentage clause; 6 main risks in this basically added glass crushing risks, risk of Nick alone.

Strictly speaking, "all risks" does not exist, now companies including the main risks, additional risks, greatly small have thirty or forty kinds of products, the owners need not be together all the insurance. Therefore, the "all risks" is a colloquial expression, only some of the sales staff insurance market in order to attract the eye of the flags of.

Notable is, even if the insurance, and not all the accident vehicle, the insurance company responsible for compensation. Only those with insurance responsibility, insurance company to compensate. Moreover, deductibles and there are certain claims process, some losses even in the scope of insurance coverage is required the insured themselves.

Express: decide whether the terms of entry into force

"The Chinese People Insurance Law" seventeenth article: the insurance contract, the insurer shall explain the contract terms to the applicant, and on the situation in the objects of insurance or the insurant's questions, the applicant shall truthfully inform.

Article eighteenth: insurance contract provides for the exemption of liabilities for the insurer, the insurer shall specify in conclude when insurance contract, is not clear, the clause shall not be binding.

Visible, "insurance law" has been on the insurance provisions whether the force made specific provision, if the signing of the insurance, the insurance not to inform the applicant related exemption clause, then, this exemption is not valid.

Wading insurance: the key to see whether the two ignition

Many insurance companies in terms of, such provisions:

"The storm caused the loss of vehicle insurance company can compensate, but the insurance vehicle in the flooded and exhaust water start or flooded and improper operation due to negligence resulting in engine damage caused by the loss of exemption."

That is to say, if a flameout due to engine damage, the insurance company can compensate. But if the vehicle is submerged in the water after flameout drivers were damaged by two fire, the insurance company shall not compensate.

Outside the box

Germany: meticulous automobile insurance

The German car insurance has a very complicated but quite scientific calculation method. In addition to factors of automobile brand, category, such as recency, car registration area is an important factor for determining the car insurance.

The German car insurance is more, including the third party liability insurance, vehicle insurance (including their own insurance and its part of insurance), passenger accident insurance and litigation expenses. The third party liability insurance in Germany called the liability insurance, compulsory insurance which belongs to the mandatory. Other insurance is to follow the principle of voluntary insurance.

Third party liability in traffic accidents, the insurance company responsible for the payment of the responsible party of the wounded, auto repair, loss and transport subsidies to the other expenses. Germany's third party liability insurance minimum coverage includes: 2500000 euros (personal injury victims for more than 3 people, amount of 7500000 euros) vehicle loss of 500000 euros, the injured party loss compensation of 50000 euros and traffic. The highest amount of personal injury of up to 8000000 euros. The minimum and maximum amount pay insurance premiums to difference, Germany has 95% vehicles are the maximum sum insured.

Part of their insurance mainly relates to the natural disaster, hail, lightning storms or floods, or fire, explosion and stolen, or with the cow, a horse and other mammals, collision, or vehicle glass breakage, the insurance company therefore shall bear the corresponding compensation and repair costs. In addition to its insurance covers part of their insurance, also includes other deliberately damage caused by damage to the vehicle, or due to traffic accidents (including the responsible party in their damage to your vehicle). It is important, even if the loss is caused by the fault of the insured, the insurance company will be responsible for claims. Compensation includes damaged vehicle repair, replacement costs and casualties of medical and funeral expenses.

In addition, the German car insurance and passenger accident insurance, insurance and other insurance litigation costs. Passenger accident insurance refers to oneself the occupants of the car crash caused due to disability and death compensation, litigation expenses paid by the insured insurance can help in a lawsuit brought by a traffic dispute litigation costs.

This print journalist Zhao Lina

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In this paper, published in the "new life" science 664th, part of the contents of the trimming.