Category: Insurance tips Release Date: 2006-08-01
Q: A friend of mine from a used-car market to buy a Santana car, and go through the formalities of the transfer. Buy a car, she also specifically asked about car dealers who have car insurance, selling cars full of people telling her insurance procedures, and to the original insurance policies and premium receipts to my friends. Who knows, no two days, my friend drove away, unfortunately, the car crashed into a tree. When she took to the insurance companies report insurance claim, the insurance company loss adjuster told her that the insurance contract has expired, so insurance companies can not be paid. And my friend looked at there are more than six months before expiration of the insurance policy, baffled. Why is this?
A: You say this situation, there are now some of my friends have encountered. This is mainly there is little understanding of insurance contracts is not clear provisions of insurance policyholders, the insured person did not understand the obligations resulting from the terms.
Motor vehicle insurance required under the terms of the insured and the insured person's compulsory. Which one provides the life insurance contracts, insurance and vehicle resale, transfer, gift to others, to change the zoning or increase the level of risk, the insured person shall notify the insurer in writing in advance, and to apply for marking, or insurance company the right to refuse compensation. China's "Insurance Law" also stipulates that the 33rd article: "the transfer of subject-matter insured shall notify the insurer, after the insurer agreed to continue underwriting, the law changes to the contract."
Q: Why do these types of cases, marking it to apply to insurance companies?
A: China's "Insurance Law" Article XI provides that the insured must have insurance, the subject of insurance benefits; insurance benefits is the subject of insurance policyholder has the legal recognition of interests; insurance, the subject of the middle finger in the motor vehicle insurance is the insurance of vehicles. Insurers and the insurance contract is signed by the original owners, the original owner when entering into insurance contracts with insurance vehicle insurance benefits, but when he resold the insurance of vehicles, transfer, gift to others, he was on the insurance vehicle legal recognition to the interests of from the resale, transfer, gift act is that the moment had been lost, this time the insurance contract also become invalid. In order to maintain the validity of the contract, the original owner to resell such acts took place at the same time, it should apply to the insurance company marking procedures. After insurance companies carefully examine the new owners agreed to marking, and the issue of endorsement, the insurance contract may remain in force.
Q: If my friend bought her car, without going through the transfer procedures, insurance companies do lose?
A: This situation can not be paid the same insurance company. Because non-designated places vehicle transactions, and did not apply for transfer procedures, their actions are illegal resale behavior. The insurance required under the terms of the insured person shall have the illegal resale, transfer, insurance, vehicle; not to use the insurance of vehicles involved in illegal criminal activities.
Q: So the insured, the insured person should also fulfill those obligations?
A: The insured should be to discharge the obligation to pay insurance premiums, while also when taking out policies of insurance of vehicles to declare truthfully to the insurer. The insured vehicle and its driver should be good insurance, maintenance, maintenance work, in accordance with the provisions of passing inspection; In addition, the insurance vehicle load must meet the "Road Traffic Management Regulations" provisions of the motor vehicle loaded to maintain a safe driving technological state. But also for the insurers to the elimination of insecurity and vulnerability of the proposal in time to take appropriate corrective measures; In addition, when the insurance after the accident, the insured person shall immediately take reasonable safeguards to protect rescue measures, and immediately to the accident occurred Public Security Traffic Management department report. At the same time notify the insurance company within 48 hours.
Q: What about the insured person claims to the insurance company should pay attention to what?
A: The insured person should be dealing with traffic accidents police traffic department closed within 10 days from the date of submission of the insurance provisions of the insurance company or insurer can prove that cause of the accident, nature, the division of responsibilities and losses, such as all necessary to determine a single card. In addition, a claim the insured person shall not have to hide or falsify documents, create Jiaan other fraud.
Q: So the insured, the insured was a breach of the obligation in the event of an accident liability insurance, insurance companies will not be responsible for compensation?
Answer: Yes. The insured, the insurance the insured person does not fulfill its obligations under the contract, the insurer the right to refuse compensation or from the date of written notice from the lifting of the insurance contract; have compensation, the insurer the right to recover the prepaid insurance recoveries.
