Focus on automatic assurance provisions of the Kin

China Internet TV Watch ,Lacoste Shua Lace Trainers
Address: http://news.cntv.cn/law/20110220/101854.shtml














[studio]
together to establish a lofty quality of life, greet to February 13, we aired part of the departmental mutual enforcement team, the contractors involved in the program for the investigation, the products in question were sealed, while the solar water heater manufacturers were carpet inspection, a total catalogue of hundreds of products in answer may be sent to testing division for testing, we will beyond converge the progress of testing and inspection. Well, look at today's correspondents scrutinize, topic of care today is auto insurance. At present, China's vehicle population has approached 200 million or so, with the substantial growth in automobile product and bargains, car insurance manufacture has developed quickly. Most car owners will buy copies for their own advertisement insurance, which many car owners to buy their own cars just about-called all-risk insurance, the purpose is to be more at ease, because many owners trust that the so-called all-risk insurance is his car Whether you have questions, you can find insurance company in full settlement of claims. So, the fact that most owners really favor the way you calculate, so-called all-risk insurance to give owners real truce of mind it?

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Sally loves cars, academy fewer than 2 years on almost all with their own savings to buy a car, of lesson, love this car for me. This car up for more peace of mind, Sally, then in agreement with the insurance sales staff to their cars to buy so-called all-risk insurance.

[year] Guangzhou owner Sally
me all under one dome, even third party liability insurance also increased.
Reporter: What is comprised in all insurance?
which wrote a lot, I did not see carefully, in short, I buy a car from the moment, told me that all over, I have been renewal.
Reporter: insurance how much was spent?
premiums continued a more than 3,900 the first year (yuan), the second year proceeded a more than 37 (million), for I belong to their quality buyers.

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Not long antecedent, Sally's car properly while entering the parking lot waiting in a small accident, traffic police identified the other is the full responsibility, but the driver once and for all sorts of Dodge, is disinclined to repay, desperation, Zhang, direct contact with the other party's insurance company, but the other insurance companies, not their non-customers, said Zhang and Zhang are not exposed, helpless Zhang heard this to up their cars full cast caustic, so He felt the insurance company should be proficient to help him solve the problem. But Zhang told reporters that his own insurance company regardless of him, that really so? Reporters Zhang pluck through the insurance company of the insured's call to validate.

[year] Ping An Insurance Guangzhou Branch Customer Service
Hello, Ping An of China.
Reporter: Hello, Ping An Insurance ah.
right.
Reporter: somebody hit my car, I do not have responsibility, full responsibility for each other, I can not to claim ah.
full duty for every other, then, to find other insurance companies, with your own insurance is not related to, sir.
Reporter: Let me work to the other insurance companies, the responsible party, the responsible party immediately I quibble.
our traffic police's decision shall preponderate, sir. Took the decision as long as your car is not the responsibility with your insurance is not related.
Reporter: I ballot the caustic ah, now my car underwent a loss, I referendum that all risks.
also depends on your accident, sir. If involves responsibility, then naturally by the responsible party to bear the loss.

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hurl full of nipping, an accident, but also the first department of responsibilities, if I were you responsibility, not his insurance company for compensation. According to the customer's instructions, the format of reporters in Ping An Insurance contract really find such a provision. Some things are a coincidence, in the accident presently later Sally's car on the parking lot was thumping a bit, the vehicle fled. In accordance with the insurance company before the contention, because the accident did not Sally responsibility, so insurance companies will pay to mend their own money, Zhang is not the end, but because it can not find the responsible party, Sally had bite the bullet and find their own insurance company.

[year] Guangzhou owner Sally
he just said, this is part of hit and scamper, pay only 70% can not lose. He told me it is very, you can not lose. So, ultimately I am determined to be responsible for 30% to 70% of their dictate. He gave me 800 greenbacks to appraise the damage, that is, I must pay 240.

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can pay to Sally, or not pay, you pay only whether you lost 70%. No responsibility is not lost the previous, this time a small compensation merely no responsibility. With an insurance company. This made Sally really can not understand.

[year] Guangzhou owner Sally
insurance enterprise since I spend money, I do not obtain elated with the ease of all things, it tired me more than it received my money, I likened it tired. Insurance companies do not know what is, in short, this time I do a I have a headache, running nigh.

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Chang's experience is not casual. Business owners in Nanjing, Mr. Chang is talking about car insurance is even more of grievances.

[year] Nanjing owner Mr. Chang
night because of collision with an Audi car, his car should the way of the altitude to my machine on the roof rotated, Dingfan, and then my car hit someone else's car, then hit the walls to go on, and the loss of a total of about 4 thousand dollars,Lacoste Casual Trainers, and eventually I think I voted for all car insurance is not right, should the insurance company claims to be is regular, is not it, but when I go to claims, He reasons that my car can only lose 50%, and the other half of the responsibility.

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Chang and his wife from the village to the Nanjing affair, from relatives and friends scrape together extra than 200,000 to purchase a car from the Old Chang muck business, detect a wife because the insurance companies sell insurance on benefit of the go is is due to listening to his wife to purchase automobile insurance on serviceable advice, Mr. Chang was spent approximately a million of his own car has full insurance. Because they do no accede with the insurance companies only pay half of the accident Mr. Chang could not advance more than forty thousand yuan wage, Mr. Chang and his wife have taken area even contradictory. Mr. Chang felt that since paid the money is not wage, it might as well save nearly a million of bonuses, you tin make almost their loss.

[year] Nanjing owner Mr. Chang
now is my own advance, all my own advance, and now the insurance company claims that piece additionally, do not know how to get it now.

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Mr. Chang had a friend, a attorney,New Lacoste Trainers High Top, he listened Mr. Chang's experience, the initiative to help him and the assurance companies made contact.

[year] Liu Jie, owner of Bar
insurance company should be the loss of more than 40,000 (dollars) this loss is no criticism,Lacoste Radiate Croc Trainers, but it means that, in accordance with the responsibility for the accident that one can only pay us 50%, said pay twenty thousand (yuan).
Reporters: it said so based aboard what namely it?
This is based on a commercial risk insurance policy inside the caustic, is responsible for the accident according to the proportion of 50% of this to go.

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reporter for more than 20 domestic insurance companies for the loss of vehicle insurance contract inspection, the results show that the insurance company that has been repeatedly mentioned in terms of demands, all of these contracts are in subsistence, of which only the individual words nuances.

[year] Liu Jie, owner of Bar
because this would involve, at all times you are with accidents, you (only) take the corresponding (prejudiced) responsibility, then involve your insurance company will not pay in full, only that you are fully responsible that the insurance company will pay you all.

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the lawyer is a vocational auto insurance lawyer, over the elapse few years he has represented nearly a thousand lawsuits from auto insurance. The lawyers found in the work, as insurance companies to cling to the responsibility of payment in fact brought a lot of damage,Womens Lacoste Observe Trainers, an to the infringement of the interests of consumers, giving consumers a lot of trouble, and second, many car owners to protect their own interests even helpless chose to take more responsibility, which will suppose more of the legal hazard.

[year] Liu Jie, owner of Bar
Baoxiangongsi full pay my case, is my full responsibility, so that this could also guide to a lot of the accident, the insured human in order to safeguard their rights in this, he will take the initiative to nail a full responsibility to get insurance the full amount paid.

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However, consumers do not make compromises in order to bring the situation changed. Last September, Jiangsu landlords Chen Xinchun in desperate circumstances. Finally the prowess to own insurance Ampang Insurance Company to court.
native, 2008, Chen Xinchun driving their vehicles in the provincial expressway 311 was a serious accident, the accident found that Chen Xinchun reprehend. This is the scene of the accident from the behind of the car accident. But Chen Xinchun not dreamed, in the report to the insurance company risk, the insurance company could have inquired for damages to the point where the vehicle repaired.

[year] the owner
lawyer cheng
because this car repair shop that has no conservation of amount. So in the claims process, we and the dispute between the insurance company. From a maudlin point of view, we feel that this car does not absence livelihood and repair of the value, we feel it should be given a total loss.

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However, the insurance companies discussed that the decision not to accept repair, you do not pay a penny. By this time the owner Chen Xinchun I have been paralyzed in an accident, back to family life. Make compromises in interchange for a mini money as soon as possible to get the idea. Chen Xinchun accepted to give up scrap, repair requirements,
However, entities are not done as he thought that surrenders can be resolved.

[year] the owner
lawyer cheng
then was made a point of view, that only 70% of our compensation, the insured person that the news after it, felt very angry, and feel very helpless, because he felt himself insurance to buy very full, non-deductible, etc., have been bought, also bought a full caustic, so that he thought that this 70% is unreasonable, nor would his interests are duly relief. That is, under the helpless in each feasible way in which to find our hope that our way through the proceedings to preserve his legal rights.

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reiterated communication with the insurance company nearly two years did not outcome in the case, Chen Xinchun lawyer filed a lawsuit, Nanjing Kurau District People's Court accepted the case. Trial, the defendant insurance company to adhere to the responsibility of bringing peace into pay only 70%.
insurance company insisted that the responsibility for payment according to the terms of the contract stated, is insured when the insurance approved. In this regard, the judge annotated that such an argument in the format set by the terms of the fundamental untenable.

[year] Nanjing Drum Tower District People's Court judge Xingjia Dong
because this provision is to provide you the insurance, then that is, the policyholders of the insurance is no way to change such provisions, or to approve, or give up. So that, the other did not give you this kind of bargaining chamber for consultations. In this case, such provisions can not rule out the other then the main right, to depress their responsibilities. If it is such a caustic, as we see such provisions should be said that ruled out the other side of the main right to reduce their responsibilities, then the terms of such a format, according to our state,Lacoste Prep CB Trainers, Terms for this format, then the terms of the format, we must make a insistent, because it this achieve, then the law should be said, are invalid.

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terminal court determination car insurance company in the value of full compensation for damage, but also by the vast bulk of legal costs insurance companies pay. Reporters noted the verdict apparently written. Insurance plan provides that: the insurer based on the insured motor traffic drivers in the accident responsible for the accident in negative proportion to the corresponding obligation. But the insurance policy does not encounter the purpose of the insured parties. At the same time as a party to the contract manner invested by the insurer set the terms of the contract, the objective of eliminating its own civilian responsibility, exclusion of the insured in the insurance compact, the chief right, press the clause is invalid.
However, the referee also pointed out that legal rights of the owners prefer only a very small percentage.

[year] Nanjing Drum Tower District People's Court judge Xingjia Dong
view our city from 2009, a traffic accident about 50 million or more, then these accidents in the vast majority are just such a small grazing vehicle accident, that caustic list have to Most of proportion. So we really formed a few hundred from the proceedings, that is true to form to the court proceedings less than the number of traffic accidents thousandth. So in this case, the insurance company is in accordance with caustic terms, according to their share payment. That the insurance company to knob the case in which payment, in accordance with the provisions of the vast majority have come. Real form of squabble to the courts to resolve a very small proportion. In other words, the vast majority of vehicle accidents in which the resulting caustic words, the insured have not been promptly paid to such claims.

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reporter noted that, although a similar lawsuit in Jiangsu province is almost fully support the demands of consumers. However, the defeated insurance companies, encountered such a case it claims to uphold the duty ratio of compensation. Consumers or nothing with this, or have a lawsuit. Then the insurance company why the legibility of the court's decision ignore it?

[year] lawyer Qiu Baochang
because of exclusions or argument which it set the trial, there is a probability accident, you discern so many statistics, but far more than so numerous controversial, even its many, many times, so it loses, it Kending have lost in cost, but it through so many exclusions in this path, its interests are distant greater than it is through these proceedings that cost, it is an interest, because you see, since it may have 20 unsuccessful, there may be hundreds or even from lost, but there may be thousands of tangible controversy, the real to the prosecution, not everybody may must sue the polemical

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experts suggest, although we can not change being coerced to accept the standard terms of reality, but we can choose not to accept one of the invalid provisions, if not, comesintoseffect legal weapon.
Chen Xin: International Trade Foreign Economic and Trade University, School of Insurance Law Center instructor, had partook in 2002 and 2009 the

[year] Foreign Economic and Trade University, School of International Trade, Professor Chen Xin Insurance Law Center
should be encouraged to do such a thing, of course not to say that nothing nice to go to court, but I think he can protect themselves, accomplish they have a right to protect themselves, then these operations are in fact just about the insurance shock on the contract, because if you below the wrong decision after the future, should this sentence, then sooner or afterward the insurance company to alteration.

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reporter learned namely the court system in Jiangsu Province, Beijing and Chongqing, the court system via the court system verdict, found invalid at duty payout terms, apt assist the legitimate demands of purchasers.
One Intermediate People's Court of Chongqing City, the third of such cases in the trial when the verdict written on the inside passage, it says: oriented away from the social front, does not conform to social insurance to scatter risk contracting purposes, but inverse to the insurance legislation and esteem social ethics and the principles of good belief. confirm 'no responsibility deductible also in line with the technological connotation of social harmony.

[studio]
After investigation we found that, along to legal specialists agree that the terms of payment responsibility is unreasonable, the terms are invalid, but the vast majority of auto insurance contract, such a provision is still glamorous there. In terms of such secret backward several issues of concern, is a the driver of illegal interests can be protected, and obedience decree, but the interests of the drivers can not be protected; the other is through legal channels at a time the insured sued the insurance companies, insurance companies ordinarily lose, but why should the insurance company to maintain such terms of it? The cause is active through legal method to defend their rights and interests of the owners of the ratio is not much, because many owners do not understand which problems, and some even think it is unreasonable, court will find too many distress, so the vast majority of car owners only to the calm, resigned. The deeper problem is that insurance companies and regulatory authorities repealed? Stay tuned for our newspaper outlet of the pertinent reports. Well, Thank you for watching