Claim rejected? You should be aware of the legal risks associated with these car insurance policies

2023-06-20

With the increasing number of motor vehicles and the rapid development of the insurance industry, motor vehicle insurance has become an important component of the insurance market. At the same time, disputes related to motor vehicle insurance are also common. According to statistics, the People's Court of Changping District of Beijing has heard 5891 related cases in the past five years. In order to effectively prevent disputes and promote the orderly development of the insurance industry, the Changping District Court issued a number of typical cases to provide guidance for everyone to avoid pitfalls. Borrow a private car to drive a Ridesharing company, and in case of an accident, the claim cannot be settled. In March 2022, Liu purchased compulsory motor vehicle traffic accident liability insurance and commercial insurance for the vehicle in an insurance company. The insurance period is one year. The vehicle is used as a family car. The "Important Tips" section of the insurance policy records liability exemption and other provisions. The insurance company also sent a reminder message to Liu. Later, Liu handed over the vehicle to Cui for use. One day, Cui had an accident while driving, causing damage to the vehicle's contact area. According to relevant departments, Cui is fully responsible. On September 13th, the insurance company issued a notice of refusal to pay. Liu sued the court and demanded that the insurance company compensate 55000 yuan for the vehicle maintenance cost. The insurance company believes that Cui is driving the insured vehicle to engage in Ridesharing company operation. According to the exemption clause, his compensation application is not within the scope of insurance liability compensation, and the insurance company cannot pay compensation. During the trial, the insurance company submitted the survey report issued by the loss adjusters, which showed that Cui had registered his Ridesharing company account under his real name for 292 days, completed 292 orders in total, and accumulated 14702.39 yuan in the past 30 days. On the day of the accident, Mr. Cui undertook more than 10 orders of Ridesharing company business, and the last order was only ten minutes away when the accident occurred. After hearing, the Changping District Court held that the focus of the dispute in this case was whether Liu had changed the nature of the use of the insured vehicle, and whether the insurance company should bear the insurance liability for the loss caused by the accident involved. Liu delivered the vehicle to Cui, who was engaged in Ridesharing company operation and used non operating vehicles for operation activities. On the day of the incident, Mr. Cui was engaged in more than 10 Ridesharing company operations. Although he said that he was not in operation at the time of the incident, according to common sense, it is impossible to fully realize the seamless connection of geographical location and time between the orders of Ridesharing company business. After the driver pulls out a business, the vehicle will usually be in patrol status, so as to wait for the Ridesharing company platform to dispatch the next order. After investigation, it was found that the accident occurred only ten minutes before the previous order, and it cannot be ruled out that Cui was in the process of waiting for the next order with reasonable suspicion. Even if Cui has indeed taken over the vehicle, it cannot change the fact that he has changed the nature of the vehicle's use. At the same time, the insurance company has fulfilled its obligation to remind attention. Finally, the court ruled to dismiss Liu's lawsuit request. The off-road vehicle was overturned and damaged, and the insurance company refused to compensate but was not supported. On October 3, 2021, the off-road vehicle owned by Mr. Liu was overturned in a place in Inner Mongolia. This accident was a unilateral accident, causing multiple damage to the vehicle and making it unable to drive normally. Later, the vehicle was towed back to Liu's residence and more than 100000 yuan was spent on rescue and vehicle maintenance costs. Off road vehicles are insured with motor vehicle loss insurance and third-party liability insurance from an insurance company. After multiple unsuccessful negotiations between the two parties,

Edit:Zhou Shu    Responsible editor:Wang Chen

Source:rmfyb.chinacourt.org

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