Do you pay for car insurance every year, but do you do n’t pay for a car accident?Just because the owner did not do this ｜ Tutor 121

21st Century Business Herald reporter Tang Jing Beijing report

Investment goes on the right way, security is guaranteed, welcome to "Investment 121". I am a watermelon Tang, let's talk about insurance today.

Recently, some friends reported that there was a traffic accident on the road to the insurance company's claims. He felt that the car insurance for several years was bought in vain.

Many private car owners have heard of a word, "It is easy to raise a car to buy a car". In addition to the burden of oil costs caused by the soaring energy prices, there are many small expenses such as parking fees, high -speed fees, and maintenance costs. The auto insurance that is thousands of yuan is a fixed expenses that can't be hit every year. The majority of car owners buy car insurance every year, hoping that they can successfully claim the compensation when accidents occur to avoid unbearable economic burdens to the family.

It should be noted that it is not because the owner of the car insurance insurance can be at ease. If you do not claim the compensation according to the corresponding procedures, it is likely that the insurance company's insurance company but refuses to pay. The Guangzhou Intermediate People's Court announced a case that the owner's claims were missed and the court judged that the insurance company had no responsibility.

Basic case: After 13 hours of traffic accidents, the alarm insurance company refuses to pay

According to the Guangzhou Intermediate People's Court, at 1 am on May 12, 2020, when Li was driving a insurance vehicle, he collided with a two -wheeled electric vehicle driving with Huang and caused Huang to be injured, and then hit the roadside supermarket. Causes damage to vehicles, shop glass doors, refrigerators, and cargo. The total economic loss of vehicles caused by traffic accidents caused by traffic accidents, store damage compensation, and Huang's medical expenses such as medical expenses was 280,353.88 yuan.

After the accident, passers -by and Huang's son sent Huang to the hospital. Li himself did not go with him and did not call the police in time. The later supermarket owner called the police before the traffic police arrived at the scene for accident treatment. According to the "Road Traffic Accident Confirmation" issued by the traffic police, Li was fully responsible for the accident.

In the lawsuit, Li was uncomfortable after the incident. He went to a private clinic at about 2 am on May 12th to inject the "brain protein" agent in a private clinic, but failed to provide the industrial and commercial registration materials, diagnosis records, medical records of the private clinic, , Diagnosis and treatment fee payment voucher and other proof materials. At around 14:00 on May 12, Li went to the traffic police brigade to explain the situation and reported to the insurance company in insurance company at 16:55 that day. The insurance company did not pay claims, and Li said to the court. It is worth noting that Li will report to the police after 13 hours of traffic accidents, and report to insurance 15 hours later.

After trial, the People's Court of Yuexiu District of Guangzhou City rejected all Li's claims. Li was not convinced and appealed. The second trial of the Guangzhou Intermediate People's Court: Reject the appeal and maintain the original judgment.

Reasons for referee: Failure to report to the police for the first time after the traffic accident and notify the insurance company

The Guangzhou Intermediate People's Court stated that the focus of the controversy in the case is whether there is an exempt situation agreed in the "Comprehensive Commercial Insurance Terms of the Motor Vehicle" signed by both parties.

First, in accordance with the relevant terms of the "Comprehensive Commercial Insurance Clause of motor vehicles", if the driver leaves the accident site without taking measures according to law after the accident, the insurance company may be exempt from compensation. According to Article 70, paragraph 1, paragraph 1 of the "Road Traffic Safety Law of the People's Republic of China", "traffic accidents on the road, vehicle drivers should park immediately to protect the scene; those who cause personal injuries, vehicle drivers should immediately rescue the injured person, And quickly report on duty traffic police or traffic management departments of public security organs. "

In this case, after the accident involved in the case, Li did not call the police, but immediately left the scene. Li argued that after the accident, he had to go to the private clinic to inject the so -called "brain protein" pharmacy due to dizziness. The concept or the name of the medicine is provided.

After hearing, the court believed that according to existing evidence, the reasons for Li Mou's failure to report the insurance in time and failed to wait for the traffic police and the insurance company to investigate the accident site at the scene. sex. Li left the accident site without taking measures in accordance with the law, which was the exemption of compensation stipulated in the contract.

Second, according to the relevant terms of the "Comprehensive Commercial Insurance Clause of motor vehicles", the insured, the insured, or the allowed driver to know that the insurance accident was not notified in a timely manner after a major negligence. It is difficult to determine the degree of loss, and the insurer does not bear the liability for compensation for the unsure. Timely reporting the police, reporting insurance and staying at the scene of the accident and the inspection company's inspection site, which is conducive to identifying the cause of the accident and excluding the possibility of drunk driving and drug driving.

The Guangzhou Intermediate People's Court pointed out that in this case, according to the "Records of the Motor Vehicle Insurance Report (Copy Light)", Li was reported to insurance at 16:55 on the day of the accident. After investigation, before the case, Li had drove two records of the vehicle involved in the case, and all reported the case as soon as possible. It should know that the insurance company should be notified as soon as possible as a driver. Determine the cause of the accident.

Li's negative alarm and reporting in insurance, which caused the insurance company to find out whether the driver had drinking or other unwillingness to drive in the future, which caused the cause of the accident, which was one of the exemptions stipulated in the "Comprehensive Commercial Insurance Clause of motor vehicles". In summary, the court ruled that the insurance company was exempted without liability for compensation.

Similar cases: The insurance company at the scene of the accident did not pay an unique compensation. The Hunan Jianghua Yao Autonomous County Court also recently announced a case of alarming alarm and insurance company refused to pay after 5 hours of accidents. At 7:50 on September 25, 2020, Liu went to the Jianghua Yao Autonomous County Transportation Brigade of Hunan Province to verbally alarm, saying that he drove Jiang's vehicle at 2 am on the same day when he turned to the Huijin International Road section to the right. Improper hitting the roadside stone, causing some parts of the vehicle to be damaged.

Because the accident was received 5 hours after the accident, the police on duty retrieved the surveillance video of the accident section. The video confirmed that the driver was Liu, and other accidents could not be verified. After the vehicle was maintained, Jiang applied to the insurance company for claims, but the insurance company refused to pay. The negotiations between the two parties failed, and Jiang filed a lawsuit in the court. The court also rejected the plaintiff Jiang's claim.

The Hunan Jianghua Yao Autonomous County Court stated that the focus of the controversy of the case was whether the reasons and basis for the insurance company's rejection of claims was established.

The plaintiff Jiang believes that the vehicle of the accident purchased the motor vehicle loss insurance at the insurance company and paid the insurance cost. The loss caused by the traffic accident in the vehicle may require the insurance company to compensate for the maintenance loss.

The insurance company believes that the insurance terms have agreed that the driver drove the motor vehicle to leave the accident site, including abandoning the motor vehicle to leave the accident scene as an escape, and did not compensate; It is impossible to verify that the responsibility should be borne by itself, so the claim is refused.

The court found that the case was insured in the insurance company to insure motor vehicle loss insurance, and the traffic accident occurred during the insurance period. The accident time was at 2 am, and Liu went to the traffic police department 5 hours after the accident. After receiving the alarm, the police on duty retrieved the surveillance video of the accident. Some, but the cause of the accident cannot be verified. The traffic police department issued the "Certificate of Road Traffic Accidents". Jiang repaired the damaged vehicle and paid 40,000 yuan of maintenance costs.

It is also found that the "Instructions for the Exemption of Comprehensive Commercial Insurance for Motor Vehicle" stipulates that after the accident, the driver drove the insurance motor vehicle or abandoned the insurance vehicle to leave the accident site without taking measures in accordance with the law. Insurance motor vehicles are not responsible for compensation for any losses and costs of insurance motor vehicles.

From the perspective of this case, Jiang signed under the terms of the format and expressed the exemption situation of the insurance company to understand and assume the consequences; from the time and place of the driver Liu's alarm, Liu failed to report to the police and protect the site in time after the accident occurred. ; Because Liu's place of traffic accidents is inconsistent with the place where the alarm is alarm, Liu has the behavior of leaving the accident scene without authorization, which causes the cause of the accident to be unable to verify.

Based on the above situation, the court believes that Liu's failure to call the police in time after the traffic accident and leave the scene, which is in line with the exemption of the "Motor Vehicle Integrated Commercial Insurance Exemption of Motions". The court accepted the point of view of the insurance company and rejected the plaintiff Jiang's lawsuit in accordance with the law.

Correct operation: After the accident, the alarm should be reported in time and the scene should be fixed

The Hunan Jianghua Yao Autonomous County Court stated that the driver as an important part of the accident site, whether it is drinking and whether there is a prohibition of driving, etc., is the basis for determining whether the driver assumes the liability of the accident and determines whether the insurer compensates for losses. In this case, the driver Liu left the scene without a legitimate reason and did not call the police in time, which caused the nature, loss and responsibility of the accident to be difficult to determine, and had major faults. Therefore, the insurer could be relieved of compensation.

The court reminded the driver that after the accident, the police should be reported in time, the scene should be fixed, and it should not be clever, and there is a fluent psychology to leave the scene at will, otherwise it will bear legal consequences that cannot be claimed.

After listening to these two cases, friends said that they did not fix the scene before the insurance did not pay. Fortunately, it was just a small cricket and did not involve casualties. But he said it was still a bit confused. If there was a traffic accident in personnel casualties, should you play 120 or 110 first? How can we take into account the rescue of the wounded and smooth claims? And listen to the watermelon Tang back to decompose.

(Coordinating: Ma Chunyuan)

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