Shanghai license car gnaw on the Zhejiang Insurance Insurance Tips

Category: Insurance tips Release Date: 2006-08-01

Articles recently received the reader to reflect, he bought the car is obviously a Shanghai license, but was jeopardized by Zhejiang insurance. Journalists criticized the illegal vendors at the same time, while also reminding the consumer to be conscious to protect their interests.

A simple auto insurance accident claims, so WANG Cheng bother nearly half a year.
It began when a foreign auto insurance policy. January 18, 2004, WANG Cheng-long joint sea Huxi from Shanghai Automobile Sales Co., Ltd. (hereinafter referred to as MINUSTAH) to open back to buy their own van Fukuda. During the Spring Festival, the plot is very crowded February 20, his car collided in the district. Sent to repair the car when the special maintenance depots, maintenance workers told him that the car is actually on the field of insurance. Let WANG Cheng-long surprise is that from the car to the auto insurance, on behalf of insurance for the car dealers never brought to their car insurance auto insurance bought Zhejiang.

As a result, WANG Cheng began half a year of "retirement insurance" rights of the ... ...

A fuzzy copy of the policy
WANG Cheng-January this year to buy the car in the joint sea. In Wang January 6 and vehicle enters into a contract to buy cars "Shanghai Automobile Sales Co., Ltd. UNMIH Huxi car orders," the reporter saw the prices of 77.8 thousand yuan, and traded at 76,000 yuan, WANG Cheng-payment of 10,000 yuan in cash deposits . 46.7 thousand yuan agreed down payment, loan 5 million, and in January 18, 2004 paid.

In the meantime, WANG Cheng-long joint sea on behalf of the commission and the agency making license plates, insurance, license plate and other "one-stop" services. According to the United Sea and WANG Cheng-signed, "agent power of attorney," agreed commission Lianhai agent acquisition tax, license plate fees, insurance, service costs amounted to 18.5 thousand yuan, WANG Cheng-commissioned by the commissioning agreement UNMIH agency insurance: Chesun Xian, the first three liability insurance (insurance by 10 million), excluding special deductible insurance and Daoqiang Xian, and agreed settlement of the insurance by Nett temporarily closed 11,375 yuan.

From this reporter saw on the entrustment agreement, the agreement merely to purchase specific types of insurance, while insurance companies have not agreed, and even the insurance period is not agreed.

January 7, 2004, WANG Cheng-to Industrial and Commercial Bank of China for a period of three years, the amount of 5 million loan, through the verification lending banks on the 15th. January 18 WANG Cheng-long joint sea from the open carriage return. At the same time, in accordance with the provisions of the Joint Sea entrusted to help WANG Cheng-insured 3 years and 3 months of car insurance.

Early February, WANG Cheng got the cover of a "PICC" Red Book, as well as the words of the insurance company copies of invoices, copies of invoices and other car. Dealers told WANG Cheng, according to the provisions of the user's auto insurance car loans and car insurance original invoice and other original mortgage loans to be silver, to wait for the bank after the loan has finished in order to return all the tickets. Therefore, WANG Cheng-long joint sea to the full coverage insurance policy is a copy.

WANG Cheng told reporters presented a copy of this policy is very vague, perhaps due to copying the causes of poor results saw the majority of black policy, only the central "PICC" words dimly visible, so not too WANG Cheng-time attention, WANG Cheng-long always thought that insured the People's Insurance Shanghai Branch of the auto insurance.

How to sell auto insurance, Zhejiang, Shanghai?
Until February 20, WANG Cheng-cell car in a slight collision, the front bumper (plastic products) slight scratches caused by the lower left front bumper is about 5cm long cracks. After the accident, WANG Cheng-long joint sea immediately contact request. The original salesman told him, together the sea has its own repair shop provides repair, simply because WANG Cheng-long event of an accident in the district, so together the sea for him to go to the local police station immediately after the certificates sent to the repair shop repairs UNMIH.

WANG Cheng-long, however, feel very strange, because the sea together, rather than good car in Shanghai, special maintenance depots, and he felt a new car maintenance and repair must be compared to the special security service stations, so made out of some pit repairs. At that time United had no objection to the sea salesman.

As a result, WANG Cheng-Fukuda car to drive to the Shanghai Special Service Station Katsumine repair shop for maintenance. WANG Cheng-Sheng Feng himself told the insured person insured auto insurance, so Katsumine Eastern and Shanghai People's Insurance immediately contact the staff of People's Insurance auto insurance will be over quickly, but also exploration and damage a vehicle or the situation is to develop repair quote form, a series of After the work done, look WANG Cheng-long insurance policy and found that he was insured, Huzhou, Zhejiang, China People's Insurance Company's auto insurance Nanxun branch. But until this time, WANG Cheng-know their own full coverage insurance in Zhejiang.
Because it is off-site insurance, must be paid by WANG Cheng-PICC Shanghai Branch 500 of the inspection charges and fees 680 together with the grounds and police stations along with a certificate issued to the joint sea, by the Joint Sea to Zhejiang insurance claim.

WANG Cheng-long time have been questioned on the insurance salesman, salesman told him that there is no difference, the same claims. However, three months later, WANG Cheng-long sea of auto insurance until receipt of the claim by a total of 1180, but no compensation, according to insurance companies, but only by the sales staff handwritten invoice.

At this time, WANG Cheng-start a little bit worried about their insurance. The event of a major accident, say 10 million, but also to advance their own money and time for so long, it's not a lot of trouble? So WANG Cheng grew more and more wrong, resulting in the idea of surrender. After he PICC Shanghai Branch personnel advice, how drained away instead of Shanghai, Zhejiang, insurance, auto insurance? People's Insurance staff told him, because he claims the accident has already occurred in 2004, so 2004 will not surrender, otherwise fee is relatively high, uneconomical. But the two years 2005 and 2006, and 2007, 3 months of insurance can be back on condition that must first pay off the bank's car loan.

So WANG Cheng immediately to the bank applying for early loan repayment, and in June 28, 2004 End processing procedures, all the cards from the bank to retrieve the original. A copy of affiliation with the previous fuzzy compared to the original policy is very clear, and WANG Cheng-also found a number of sub-standard places.

Journalists in the People's Insurance Company's original branch Nanxun see WANG Cheng-long insurance policy insurance and prices. A total of four copies of insurance policies: a January 19, 2004 to January 18, 2005 policy, the premium total of 3451.85 yuan; outside the other is a policy in 2005 and 2006; last of which was January 19, 2007 to 2007 April 18 years 3 months of the policy, the premiums of about 971.57 yuan, four copies of insurance policies totaling 11,327.12 yuan.


The journalists are puzzled that the car is clearly stated on the order of vehicles sold for 76,000 yuan, but the insurance policy is insured新车购置价but an 77.8 thousand yuan. In this policy, the reporter found a number of questions.

The upper right corner in the insurance policy, the reporter saw the "Restricted sales in Zhejiang Province" the words. In addition, the policy condition of the vehicles license plate number of a column that only the "Zhejiang B" word, without a specific license plate number. WANG Cheng-long, however, the reality is clearly on the license in Shanghai.

Even more ridiculous is that "the use of nature" had written a column "non-business use (excluding own home)." Reporter not help wonder, this non-profit family-occupied with whether we should not include how to understand? Journalists do not know how such a policy is supported by the People's Insurance Company Nanxun verification and policy itself is a problem even know.

WANG Cheng-long joint sea representations as to the time to surrender, the original selling cars to his sales staff began to shift responsibility onto others, and speak about the overseas insurance is good, and fast reason for indemnity, but not so WANG Cheng-surrender, the last thing to push again to the Joint Sea a deal with auto insurance in Miss Zhu. Miss Zhu was explicitly told WANG Cheng-long, generally do not accept the surrender, but surrender WANG Cheng-can be decided to wait for veterans to come back. Miss Zhu also told WANG Cheng, CEOs recently was a business trip

Left, the WANG Cheng found a higher level department in charge of the insurance industry, insurance regulatory Shanghai. Insurance regulatory staff told WANG Cheng 1, the field, insurance companies are not allowed to set up outlets in Shanghai, the insurance for WANG Cheng will be reflected in insurance regulatory matters to investigate, as to surrender or to protect the complainant Nanxun branch company, you can only go to find Nanxun Zhejiang branch companies or insurance regulatory. Shanghai insurance regulatory jurisdiction of the Shanghai auto insurance companies only.

Complaints can can not surrender, WANG Cheng-also a complaint to the Consumer Protection Committee, but also to the 990 radio stations complaints, but have not been responded to or resolved.

Shanghai license plates
Insurance does not allow remote risk of this incident, in conjunction to explain how the sea it? On November 1 meeting, the reporter just encountered the sea Huxi Shanghai Alliance Auto Sales Co., Ltd., Managing Director of sand Guan-Rong. Reporter said there are problems up consulting, sand Guan-Rong WANG Cheng-long thing that immediately take the initiative and said that it has promised to WANG Cheng-surrender.

Sand Guan-rong told reporters that in fact this policy has no effect on the WANG Cheng did not cause any damage to him. And about his car's repair costs are obtained claims, including the Shanghai survey of insurance companies charge 500 yuan. "Our company implemented a one-stop service, off-site vehicle insurance claims, and almost the same in Shanghai."

According to Sha Guanrong introduction, under normal circumstances, as long as the accident cost of 2,000 yuan, consumers can go to the sea to the claims together, rather than through the insurance company. "If the sea by the joint maintenance of the case, WANG Cheng-you can not pay the investigation costs 500 yuan."

As for the insurance policy is "limited sales in Zhejiang", the sand off-wing, told reporters it was "historical issues", because the sea has often been associated client entrusted to handle foreign license plates, car loans for customers handling in the field, and Huzhou, Zhejiang industrial and commercial Banks have a good relationship. On the off-site licenses are generally required to insure the local auto insurance, so together the sea and human security, Huzhou, Zhejiang, Nanxun branch companies have enjoyed a business relationship. For the vehicle license plate of "Zhejiang B" of the problem is very easily explained, buy insurance, of course, Zhejiang, Zhejiang's license.

"And WANG Cheng-long insurance policy is a continuation of this business relationship." Sha Guan Rong v. reporters, "People's Insurance Nanxun branch companies have not set up outlets in Shanghai, insurance, so I do not violate insurance regulatory requirements. And we received last month, the Public Order Board documents, the paper said Shanghai Shanghai insurance, vehicles must be insured. so we do not do now all foreign insurance. "

Asked Which document, sand Guanrong Vehicle Administration Office said that it was an internal document, the reporter can not see. But the reporter asked about the recent Shanghai Vehicle Administration Office of Shanghai license plate can not on the off-site insurance documents, Vehicle Administration Office of the staff member said that recently issued a similar document is not, "even if there is such a document will certainly be publicized to the community . "

Then press on the remote Insurance Ping An Insurance Advisory Shanghai Branch Sun Xiaoqiang auto insurance claims department manager. He said that foreign insurers are generally not allowed to sell insurance in Shanghai, this is a very long insurance regulatory requirements. "Insurance regulatory require insurance companies to be divided into regions of operation. And the policy is different from place to place, the details of the claims are not the same, bought a remote insurance would bring great inconvenience to consumers."

Sun Xiaoqiang introduction, there are off-site sales of insurance companies in Shanghai, a special case, as the people of Shanghai after buying the car on the outside the license, must be insured overseas insurance. The car is mainly in Shanghai and traveling.

A clear responsibility to agents
Shanghai insurance regulatory spokesman Xiang Jing sure to tell those who are tone: "Of course not foreign insurance companies in Shanghai to sell insurance." While the license plates of vehicles in Shanghai, Zhejiang, insurance insured item that is not possible through the cyanine, because first of all The annual inspection each year on the pass. In accordance with the provisions of Shanghai, the vehicle annual inspection to be issued each year in Shanghai auto insurance policy.

As for the land according to Shanghai can afford to buy insurance, items of Ching said there is no provision in this regard, but the inference can know the same token, such vehicles pass the annual inspection of the field.

Then such a policy of non-compliance is legally effective? Shanghai Jiang Zhou security lawyer law firm that, as a car's main contract is to set up, while the insurance contract is null and void only by the court or arbitration body to decide, because if the contract is no, then the compensation related to property, some of the problems .
Zhou An think it would be a clear point is that, dealers definitely violates the "Contract Law" principle used in the transaction. Trading practices, is that people in long-term repeated Jian-formed on the basis of a field in a particular industry relations of an economic flows generally adopted the practice of law has not provided for or methods. China's Contract Law in the legal form used to determine the legal effect of transactions, such as the 60th second paragraph of Article provides that the parties should comply with the principle of good faith, according to a contractual nature, purpose and transaction practices to fulfill notification, assistance, confidentiality and other obligations. 136th regulations, the seller shall be in accordance with an agreement or transaction used to extract the object to the buyer delivery of documents outside the relevant documents and information. Learning contract law provisions of the transaction, with the effect of supplementary contract law to give priority to the law of contract applicable to the validity and interpretation of validity of the contract.
Dispute in respect of the case, since WANG Cheng-commissioned UNMIH handle Shanghai license, in accordance with transaction practices, it should be on the Shanghai auto insurance, while the practice of joint sea breach of the principle of trading practices.
Delta Law Firm co-counsel were Wu Dong also said that the case did not comply with the general behavior of dealers commissioned by contract principles. Trustee and Trustee of the contract entrusted to do duty of loyalty should be personally handled and reported, the trustees should be handled in accordance with the instructions of the principal delegate matters. Need to be more client instructions, shall be subject to client consent. "As a trust agreement between the parties, the trustee should have the obligation to entrust matters handled by the client as the most beneficial to the client. While the case was clearly contrary to the spirit of the dealer's."
And Wu Dong said this to some extent, constitute fraud. Dealers in the agency risk process, did not explicitly notice charges by those who buy insurance is off-site insurance, but also know that the policy only in the off-site sales restrictions still apply for those who did not notify the consumer, to a certain extent constitute fraud. "If the prosecution of cases, the court sentenced fraud is established, under the" Contract Law "and" Consumer Protection Law, "a dealer will go to retire lose a severe punishment."