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Data:2009-12-12 2:34
Auto insurance, the insurance companies have been flocking desperately scramble for the "cheese" and now has become a lot of insurance companies, such as Li-thin slander immersive an abyss of "trap."
Many property insurance companies that, in accordance with the present model to continue to do so, escape the outcome of industry-wide losses. As a result, some companies began to change. Today, we tell the story of an insurance company is forced to change and customers contracts and disputes arising from shocks.
Insurance companies need to be reminded to note that the market changing, enterprises should strain, but in any case change in the fundamental financial firms can not - "good faith" to change the word out.
Recently, Miss Lu Min people in Shanghai into an awkward situation: in April to buy 2.0L Fengshen Bluebird, only stopped at the ground floor and dare not go out.
"It's not a problem because the vehicle can not be opened, but not because of higher gasoline prices, 'play' certainly expensive than that." Miss Lu says with resignation, "but I do not know whether the contract of vehicle insurance in force. If out distress, how insurance companies do not give paid to do? So they dare not opened. "
The causes leading to this situation is August 3, Tai Ping Insurance Company Shanghai Branch (hereinafter referred to as Tai Ping Insurance) insurance contracts issued Lumin a piece of paper to lift / deadline for correcting "notice. Although the one-year auto insurance contract to be due until April next year could be at peace insurance has advance notice request to change the original insurance contracts, do not change on the "termination of the contract."
People say, "words and fat," Why should insurance companies renege, renege This time they wanted to "fat" who?
Forced to increase deductibles
Buy a car in April this year, when the Lumin on the recommendation of dealers to buy a one-year motor vehicle insurance Taiping Insurance, and a premium of 5042.72 yuan last sexual intercourse. In accordance with the contract, the insurance contract should be to the April 12, 2005 termination.
Lumin is a new driver, and she felt out of the likelihood of accidents is relatively high, taking into account the time, some auto insurance companies are already talking about how to line "deductible" system, she deliberately insured the deductible, excluding special risk.
In the Lumin insurance policy, the reporter saw her basic insurance coverage - insurance for loss of vehicles, statutory third-party liability insurance as well as two annexes insurance - deductible, excluding special risk insurance and body scratches.
From the policy, we see that Lu Min excluding the deductible for the special insurance premiums incurred for the 807.12 yuan. In order to make the reader to understand that we need to explain, excluding special insurance deductible.
Speaking of insurance, excluding special deductible, you can not leave out Mianpei Lv. In order to make the insured pay attention to risk management, and to avoid the insured persons were insured against the risk of negligence resulting in accident prevention and the rate of increase, insurance companies and third party insurance for vehicle damage compensation liability insurance has developed a free odds system. Vehicle driver under the insurance policy responsibilities in the accident, vehicle damage and third party liability insurance, subject to the provisions of the amount of compensation implemented within the absolute Mianpei Lv: Negative full term of the deductible 20%, primarily responsible for 15% of deductible negative equal responsibility for deductible 10%, negative secondary responsibility of the deductible 5%. Unilateral accident scene is absolutely Mianpei Lv 20%.
Specific provisions of the insurance terms of the contract Article 17: Loss of vehicles which occurred in the vehicle insurance and third party liability insurance coverage for losses within the insurance companies are only responsible for the loss amount × (1 - Mian Peishuai) part, the loss amount × free odds of this part must be handled by the insurer themselves. On the other hand, in order to avoid Mian Peilv system allows policyholder has suffered major losses suffered by an accident, the insurance company has designed a special insurance is not deductible. Excluding special insurance deductible is the loss of vehicles, vehicles which occurred on third-party liability insurance and insurance coverage for losses within the insurance companies the amount of damage × Mian Peishuai this part of the amount of pay compensation.
For example, if the accident, Lu Min overall responsibility for the losses caused by the amount of 100,000 yuan. If there is no security Lumin, excluding special insurance deductible, then the odds of 20% in accordance with responsibility for the accident, the insurance company is only responsible for Restitution 8 million yuan, 20,000 yuan Lu Min Tam himself. If the insured Lumin excluding special risk-free, then the insurance company must be in full compensation for 100,000 yuan. Thus we can see, excluding special insurance deductible is the responsibility for the incident and launched Mianpei Lv.
In addition, some insurance companies include the development of the deductible provision is also small deductible, this deductible is that when the loss occurs when less than 500 yuan, the insurance company not paid.
According to Lu Min introduction, she did Chuxian more frequently, in April of this year has been claims 4 times. One was a small friction and a residential parking, claims amounting to about 300 yuan, two were in the plot occurs when reversing and turning a small friction, the two claims of about 1,000 yuan, while the 4th is on the road by a lorry at the corner of the tire a moment of friction, the insurance company claims more than 700 yuan 4 claims totaling about 2,000 yuan.
It is this four times led to claims that she had received August 3 Tai Ping Insurance to give her notice. To this notification issued to Lu Min said, as she has received four times insurance claims, therefore the insurance companies require Lumin a specified period of time marking the contract to increase the deductible Mian Peishuai the special agreement, it will cancel the contract .
This reporter saw the notice, the insurance company declares three elements: "First Article: Since August 21, 2004 onwards, the Company will have the right to lift with your vehicle on the above insurance contracts entered into at the same time will bear the return The corresponding obligations of your insurance premiums. second: If before the expiration of the above, you With my original copies of certificates and driver's license, insurance policies and premiums original invoice, as well as notices and other documents in person to go to the companies of the insurance contract, marking procedures - increase the subsequent occurrence of insured event deductibles or Mian Peishuai special agreement, the Company may waive the right to lift the insurance contract. Third: If before the expiration of the above, you personally carry out the above marking procedure, the insurance contract will Since the expiration of the period after the formal solution, then the company will not notice. "
Taiping Insurance Company to correcting the contract, what sort of look like? Mainly to an increase on the deductible agreement Lumin.
If Lumin insurance in accordance with the requirements of peace marking the contract to increase deductibles less than 500 yuan, or Mianpei Lv 20% of the special agreement. This actually refers to the absolute deductible deductible. The absolute amount of the losses beyond the deductible is the deductible for damages when the insured person the difference between the amount and deductibles. For example, if the contract provides for an absolute deductible is 500 yuan, then the loss of 500 yuan, the insurer is not compensable. If the loss of more than 500 yuan more than the insurer's part of the compensation. Generally speaking, the deductible applies to each and every loss.
After correcting the contract according to the above example, the addition of an absolute agreement in 20% of the deductible absolute Mianpei Lv, the insurance company will bear the 100,000 - (100,000 × 20%) = 8 Wan Yuan. (According to convention, insurance deductible and the amount paid to claimants to take 500 × absolute Mianpei Lv 20% in the large numbers of both.) In other words, Lu Min, in accordance with insurance companies require marking contract, it does not count deductible Special insurance function was lost.
Well, since narrowed the scope of protection, and policy holders to take on more risk, the insurance company will refund part of the premium it? The answer is no. According to report to insurance companies understand that correcting the contract is not to refund any premium.
Readers to read the above, may be to understand why the firm did not agree Lumin correcting the contract, right?
Solution of multi-party complaint was not
"This is obviously a force to change the contract terms of Overlord." Lumin feel very angry.
Lumin find the original car dealers, consulting the matter. Dealers to understand the situation and told Lumin insurance, auto insurance business as the company losses, so the auto insurance business had been reorganized, transferred from the customer in a batch of claims frequency and more customers request for additional deductible agreement. However, Lu Min feels that he has insured the deductible, excluding special risk, should not increase the deductible, the insurance is not refundable Moreover Pacific Excluding special deductible insurance premiums.
Yu, she was August 6 to the Taiping Insurance replies emphasized that, as insurance companies and the notice signed by the three legally valid vehicle insurance contract did not specifically agreed, so I do not agree with the practice of insurance companies, and require the insurer to continue to perform the contract in the agreement.
Later, a few days later, Lu Min, and did not receive any response of insurance companies. So she again accordance with the notice of the contact telephone number, found this notice contact Luk, in explaining the circumstances he has done to the telephone customer service department was transferred to Mr. Chang. Mr. Zhang told Lumin very straightforward: "The company wishes not to cancel the contract, but rather trying to increase the deductible agreement." Zhang said, had received a letter from Lu Min, but the company will notify the three in accordance with the implementation of
Taiping Insurance tough attitude of Lumin very angry, saying: "Why sign a good contract changed on a whim? Contract law has to go through consultations on an equal footing in order to modify the contract then? Insurance companies do not breach it?"
And insurance companies can not reach an agreement in the case, August 13, Lumin to the insurance trade associations reflect the situation and the information faxed to the Association. A few days later, the insurance trade association response Lu Min, Tai Ping Insurance still in accordance with the implementation of knowledge. The person to Lu Min said that as the Association is an industry self-regulatory organization, and not the insurance company's parent unit, can not interfere with company's discretion.
Without consulting the parties, the case of fruit last week, Luminyouxiang Consumer Protection Committee reflected Consumer Protection Committee, said Lu Min will reply within 10 days. At present, the Consumer Protection Commission will be the situation back to the Taiping Insurance, is also awaiting a response.
Such representations down, has been a notification requirement is August 21. However, Lu Min has so far not received any response Taiping insurance, even cancel the contract notice or refund of the premium notice. Now let her confusion is, their vehicle insurance contract is not already terminated? Therefore, since the receipt of the notification date, she dared to open the car out, for fear of accidents and the insurance contract has terminated.
Insurance: rather reluctant to cancel the contract change
For this incident, Taiping Insurance is how to explain it? August 31, Tai Ping Insurance Deputy General Manager of Shanghai Branch, and Yan snow season has just received a press mining.
Kan season has just began to describe the overall auto insurance market, fierce competition and comparison, and that the current auto insurance is basically not making money, Tai Ping Insurance is no exception. "We have auto insurance rates than other low-paid, but there are also problems, our customer service department to conduct an analysis of the driver Chuxian found that many driving frequency of member claims the largest number of claims a year and even up to 27 times. And found that some driver safety awareness particularly bad year high school students 15 times, 16 times more common sub-claims. and there is a characteristic of these incidents, mostly the same driver in the same place many times to repeat the accident occurred. "Reportedly, the current income to the Taiping Insurance, "marking the contract notice" customers are about 100 people, accounting for the entire insurance customers about 10%. And enter the "list" of clients and the recent claims more than 4 times more than the number of customers were insurance deductibles for additional 500 yuan, or 20% of the Mian Peishuai a special agreement.
Taiping Insurance spokesman Zhu Li told reporters that the insurance company within the time prescribed, the majority of owners are marking the contract to increase the special agreement or accept terminate the contract, but refused to solutions of the contract such as the Lumin the owner of only 2 ~ 3 .
"I do not want to cancel the contract, but wanted to give this part of the high-risk vehicles, an additional deductible or Mian Peilv agreement." Kan JI Gang told reporters, "In the current fierce competition in a buyer's market for auto insurance market, we do not would like to introduce to the business to other insurance companies will not do. "
Kan Ji Gang said that for this part of the high-risk vehicles, fully in accordance with article 43 of Insurance Act to implement the cancel the contract, but they did not do so, but to let customers choose to increase the agreed deductible.
Kan season just said clause 43 of the Tai Ping Insurance is a notice to clients in the last note - "Insurance Law" Article 43 provides that subject-matter insured part of the loss occurred, and in compensation insurer on the 30th, the insured may terminate the contract, in addition to outside of the contract shall not terminate the contract, the insurer may terminate the contract. The insurer to terminate the contract, it shall notify the insured in advance on the 15th and will be subject to loss of part of the subject matter of insurance premiums deducted from the date of commencement of insurance liability to terminate the contract due date of the last part of the period, refund policy holders .
In his view, Taiping insurance this measure, there is no damage to the insured's interests. Because if cancel the contract, the insurance company to refund the excess premium to these owners, which include the fees for insurance, this part of the fee has been returned to the agency insurance dealer. "From this point, surrender, if insurance companies actually lose money. So we do not consider the economic benefits from making this decision. We are up from a social safety consideration, and through economic lever to improve this part of the safety awareness among high-risk populations, "
Is probably due to "surrender the contrary, loss of" reasons, they claim to want "from a social safety up to consider issues" Taiping Insurance was made "to change the contract rather than directly cancel the contract" act.
"We are now a number of pilot concept is very bad, that since they bought the insurance, accident insurance claims there. So, when no driving safety awareness, the repetition of many similar claims, totally failed to take into account the insured person as a obligations. "Yan Xue said," this situation does not exist in foreign countries, foreign deductible is very common to let the domestic consumer acceptance of advanced foreign concept, a number of measures must be taken. These measures may be a period of time without will be customer acceptance and social acceptance, but the total should be the company first. "
For the same as Lu Min, when the insured has purchased special insurance deductible, excluding clients, is not it, and deductibles, or Mian Peishuai agreement conflicts? Zhu Li told reporters, this is not in conflict. She's an example: for example, occurred in the accident compensation 1 million, excluding the deductible not covered by insurance and special risk insurance and special agreement of compensation payable to customers in the insurance law alone will bear the 20% of the deductible basis, but also by to the special 20% Mianpei Lv amount, then the customer actually received the amount of 6400 yuan in claims. And if insured, excluding special deductible insurance and deductibles special agreement, you only need to subtract 20% of Mian Peilv special agreement the amount of 8,000 yuan a successful claim.
But the press in any case do not understand is: 6400 between the yuan and 8,000 yuan why on the "no conflict" mean?
"Insurance Law" is partial to the Insurance Companies
Under the "Insurance Law" Article 43, subject-matter insured (insured vehicles) incurred losses, in the absence of special agreement, the insurer (ie insurance company) can terminate the contract.
In accordance with the "Contract Law" Article 93, the provisions of Article 94, the parties may exercise the right of cancellation of the contract include the following three situations: 1. Both parties by consensus, consultation lifted; 2. One of the parties agreed in the contract right of cancellation in accordance with the lifting contract; 3. The parties may exercise the statutory right of cancellation cancel the contract, namely, "Contract Law" stipulated in Article 94 of the five legal cases.
Delta Law Firm partner Wu Dong counsel, the peaceful cancel the contract based on the insurance, "Insurance Law" Article 43, it belongs to the above second case, that is one of the parties agreed in the contract right of cancellation, according to cancel the contract. So, speaking purely from the legal practice of Tai Ping Insurance is legal.
Wu Dong said that although legal, but unreasonable. Wu Dong and even legal "King terms" to describe the "insurance law" This provision, he said: It is not "the drafting of" insurance "were more or less have the insurance company draft working background, and the" Insurance Law "Some provisions do there is partial insurance situation. "
As for Article 43, Tai Ping Insurance one person explained, "Insurance Law" in the provisions of this article, however, perhaps taking into account the insurance companies and guarantor information asymmetry, the customer insurance, insurance companies, the individual driving style, personality tendencies as well as the claims of moral hazard, asymmetric information, in order to protect the insurance companies do not understand the loss of information, while the fixed subject the event of loss insurance companies in the insurance case, you can advance 15 days notice, terminate the contract. This is no legal obstacle.
The Lumin this Act for insurance companies is very angry and said: "I buy insurance is to buy protection. The insured when the insurance companies have a special system of insurance, actuarial risk. Customers to buy an insurance policy to pay premiums, because insurance companies able to accept this part of the risk. but if the insurance company at a loss, they seek to amend the contract or terminate the contract, the transfer of risk to consumers, this approach is unacceptable. I'll also what faith insurance company?! "
PICC Shanghai Branch auto insurance, general manager of Zhuang Yi told reporters, "Insurance Law" provisions of Article 43, the general insurance companies will rarely use, the general insurance companies to adopt the measures for the coming year for the previous year when the renewal claims of customers of high real rates high, but as the half-way to increase the terms or terminate the contract of this phenomenon is rare. Because it involves the issue was too sensitive to the client's lethal too.
But he stressed that "Insurance Law" the enactment of this one is for a reason. Insurance companies operating in addition to precise calculation of the probability of occurrence at their own risk, while also guarding against moral hazard, risk factors and psychological factors on the business impact. Moral risk factors is due to individuals or groups of dishonest or ill-intentioned, deliberately promote the risk of accidents or dangerous incidents to expand the extent of losses of subjective factors. Is often say "potentially fraudulent." And psychological risk factors is due to people's subjective errors or negligence, as well as cause or increase the risk of accident, chance, or expand the extent of losses of unintentional factors. For example, poor safety awareness and lead to accidents.
Taiping Insurance relevant persons, usually the risk of certain people a sense of crisis, will pay special attention to risk, often take measures to prevent the risk factors into the actual loss occurs, "be prepared" is meant. Therefore, this part of the high-risk customers to increase Mian Peilv agreement is to enhance their safety awareness.
However, policyholders say that, once you have purchased insurance, own risk part of the scattered to the insurance company to pay a certain amount each year as long as the premiums on it. Today, insurance companies seek to amend the contract half-way to increase the terms of, or made use of "legal" clause to terminate the contract, this practice is not "too high" it? !
Who will bear the risk is too high
Insurance companies and policyholders stand in their respective positions have their own reasons, the key issue is this part of the risk of high-risk vehicles, whether who should pay? Independent insurance companies or should bear the insurance companies and policyholders share the burden?
Ping An Insurance Shanghai Branch auto insurance department an official told reporters that insurers are reluctant to cover high-risk vehicles than in many other countries there have been a market economy, national solution is different. Some countries on the high-risk customer base the appointment of dedicated underwriting channels, some countries insurance companies have adopted the high rates and restrictive conditions in the underwriting of high-risk vehicles. The insurance company can be deductible provided to foster customer's risk awareness, the risk of a common control. Such as changes in existing provisions in the Mian Peilv regulations by carrying out a certain amount of deductibles, the insured through economic levers to enhance the awareness of civil air defense impairment loss, reduce moral hazard, in order to facilitate damage control. In order to further play a deductible provision, encouraging careful driving the insured person's role, can take punitive incremental requirements. Punitive deductibles increasing regulations are conducive to the promotion of anti-loss goals, encourage and induce the insured to increase the subject matter of insurance against risk.
But these measures are only insured when the insured should be agreed in the contract is good, but half-way in order to cancel the contract of behavior to "force" the increase in specific provision, it is surely unreasonable.
Glossary deductible and non-deductible account
China's traffic management department full responsibility for the accident scene, the main responsibility, semi-responsible, sub-responsibility, no responsibility to determine the accident were the responsibility of both insurance companies offer different deductible as a percentage.
Driver of a vehicle under the insurance policy responsibilities in the accident, vehicle damage insurance and third party liability insurance, subject to the provisions of the amount of compensation implemented within the absolute Mianpei Lv: bear full responsibility for lose 20% of the primary responsibility of the deductible 15%, bear equal responsibility for deductible 10%, the negative secondary responsibility of the deductible 5%. Absolute unilateral accident accident deductible of 20%.
Mian Peilv different responsibilities provided for the deduction of compensation received by the driver ratio. In the provisions, the so-called unilateral accident means an accident did not involve a third party for damages incident, but does not include accidents caused by natural disasters. Insurance car accidents due to mechanical failure and accidents caused by other parties search miss it, as if the unilateral accident accident, compensation shall be deducted 20%.
If the insurance deductible, excluding special risk, not to take on the responsibility for the accident Mianpei Shuai, and receive a full settlement of claims.
Usually, the special insurance deductible is the agreed upon prior agreement by both parties, the insured person to bear part of the loss of a certain percentage of the amount. Amount of loss within the deductible, the insurer is not responsible for compensation. But never exceed the deductible is the amount of loss deductible, the insured damages the difference between the amount and deductibles. For example, if the contract rules of deductibles of 200 yuan, then the loss of 200 yuan, the insurer is not compensable. If the loss of more than 200, the insurer more than part of the compensation. Generally speaking, the deductible applies to each and every loss. The relative amount of the losses beyond the deductible is the deductible, the insurer according to the actual amount of loss compensation no discount. For example, if the contract provides for an absolute deductible is 500 yuan, then the loss of 500 yuan, the insurer is compensable. If the loss of more than 500 yuan to give full compensation insurer with the corresponding absolute and relative Mian Peishuai Mianpei Lv.
