When buying insurance for cars, the salesman is very enthusiastic; However, when making a claim for vehicle damage, you may face a cold face ... Has the friend of the owner ever encountered a similar problem? In the investigation, this newspaper collected n cases of insurance companies refusing to pay compensation, which is enough to alert the majority of policyholders.
In response to these cases, lawyers and insurance professionals introduced that cars mainly learn to complain and go to court to defend their rights when necessary.
When buying auto insurance, you should read the terms of the contract carefully.
There is no legal basis for "no liability and no compensation"
In the event of an accident, the insurance company has the responsibility of "paying in advance"
Reasons for refusing compensation 1
If the car has quality problems, it will not be compensated.
On February 14, 2006, Bi Hongxiang, the owner of Kunming, drove to the corner of Minglang Reservoir and collided with a motorcycle, causing injuries to the motorcycle owner Gao Renpin. Bi Hongxiang's car has bought the third liability insurance, and the accident time is within the insurance period. He immediately reported the case to the insured insurance company. In the traffic accident certificate issued by the traffic police, it is determined that Gao Renpin bears the main responsibility for this traffic accident, and the owner Bi Hongxiang bears the secondary responsibility.
However, after Bi Hongxiang negotiated with the insurance company many times, the injured Gao Renpin still didn't get any compensation from the insurance company. The reason why the insurance company refused to pay compensation was that the vehicle driven by the owner Bi Hongxiang had quality problems.
In desperation, Bi Hongxiang had to take the insurance company to court. 20 10, 19, this event that lasted for four years finally got the result of the second trial-the loss caused by the traffic accident in Gao Ren, and the insurance company paid 50,000 yuan in advance. The Kunming Intermediate People's Court held that the vehicle maintenance checklist provided by Bi Hongxiang proved that the vehicle was qualified during the insurance period, and the insurance company should be liable for compensation.
Rights protection tips
"According to Article 25 of the current Insurance Law, in the event of a traffic accident, the insurance company has the responsibility to pay in advance." Zhang Honglei, a lawyer from Xu Zhen Law Firm, said that no matter whether the vehicle has quality problems or not, whether it is out of humanitarian or legal responsibility, the medical expenses of the injured should be paid in advance.
Reasons for refusing compensation 2
"Unexpected trouble" is an accident, and the driver is not responsible.
"This is a nightmare!" Zhang Danjie, a lawyer in Kunming, remembers the car accident five years ago, but the long road to claim compensation is the most difficult thing for him to forget.
In September 2005, Mr. Zhang drove his newly bought Fukang car on Kun 'an Expressway. Suddenly, a Li Xia car in the opposite lane lost control and ran over the fence, causing three deaths and two injuries. Although Mr. Zhang survived, his car was soon scrapped.
Afterwards, Mr. Zhang reported the case to the insurance company within 48 hours. "I just bought vehicle loss insurance, vehicle theft insurance, third party comprehensive insurance and deductible insurance." However, the claim was not answered until June 165438+ 10.
"The insurance company should compensate according to the proportion of the insured vehicle driver's responsibility in the accident, and the accident is due to the quality problem of Li Xia cars, so both parties are irresponsible." The insurance company thinks that the insured driver is not responsible, so the insurance company should not compensate.
Lawyer Zhang Can only took the insurance company to court. Finally, the insurance company finally expressed its willingness to bear half of Mr. Zhang's vehicle loss. "As a legal worker, I am helpless in the face of such a thing, let alone an ordinary person?" Lawyer Zhang said that now he only bought the third liability insurance and compulsory insurance for his car, and other types of insurance were not considered because he bought it for nothing.
Rights protection tips
"There is no legal basis for no liability and no compensation." Cai Lei, a professor at the Law School of Yunnan University, believes that according to the provisions of Vehicle Loss Insurance, insurance companies cannot take whether the driver of the insured vehicle is liable in an accident as a prerequisite for compensation.
Reasons for refusing compensation 3
It is suspected that fraudulent insurance has old injuries and new injuries refuse to pay compensation.
"Said I cheat insurance! How can I spend 1000 yuan to take my car to the garage for a few days? " Chen Taiyou, who came to Kunming, Sichuan for business, was very angry-his car crashed, but the insurance company refused to pay compensation on the grounds of suspected insurance fraud.
On March 1 day, Chen Taiyou accidentally hit the wall when reversing in Yongchang Community, and the rear glass and bumper were all damaged. "I remembered the' all risks' I bought for the first time and reported the case immediately." Chen Taiyou said that the adjuster of the insurance company came to see the scene, but he saw an old mark on the rear bumper of the car. "This collision mark was accidentally made by my brother during the Spring Festival, and it was almost invisible, so I didn't know it myself, but the insurance company thought that the driver didn't understand the origin of the old injury and was suspected of defrauding insurance, so he refused to pay compensation." Chen Taiyou was very depressed, so he finally had to drive to the repair shop and bear the repair cost of 1000 yuan.
"I have bought almost all kinds of insurance, such as compulsory insurance, car damage insurance, third party liability insurance, burglary insurance, spontaneous combustion insurance, glass insurance, etc., but none of the repair fee of 1000 yuan can be reimbursed!" Chen Taiyou regrets buying so many kinds of insurance.
Rights protection tips
"The loss in this case is relatively small, but it is a pity that the parties think it is unnecessary to pursue it. If you want to go to court, the insurance company will definitely lose money. " Lawyer Zhang Honglei said that when making claims, insurance companies often think that car owners are suspected of defrauding insurance and try their best to find reasons to refuse compensation. Moreover, all kinds of complicated clauses in insurance contracts are like playing word games, and consumers are "fooled" if they are not careful. He hoped that the insurance company could think differently. "Integrity should start from yourself."
Reasons for refusing compensation 4, 5 and 6 ...
"The insurance company forced me to make a fake."
In order to recover the loss, Mr. Zhang, the owner of the car, intends to make a "fake" to "fool" about the recent accidents in which three insurance companies refused to pay compensation.
1 month ago, Mr. Zhang's car was scratched when it was parked in the community 1 meter long. The insurance company refused to pay on the grounds that the perpetrator could not be found.
More than 20 days ago, his car was rear-ended by a Honda near the newly-built cinema. In the rush hour, in order not to block the road, and he thought the insurance company would pay for it, he drove away first. However, the insurance company refused to pay compensation on the grounds that there was no accident at the scene and 20 14 yuan Bei driving test subject c 1 /20 14 yuan Bei driving test c 1.
10 More than a few days ago, Mr. Zhang was rear-ended by a motorcycle and the motorcycle escaped. Mr. Zhang turned to the insurance company for help, but the insurance company still asked him to report 1 10, and then talk about compensation after finding the motorcycle owner who hit and ran.
"Why am I so unlucky?" After much deliberation, Mr. Zhang is going to find a night, go to a narrow and rugged dead-end road, bump into it himself, and then report the insurance in situ. "I don't believe that they will personally get out of danger so late, and nine times out of ten they will let the repair shop handle it. Old injuries and new injuries can be counted together. "
"Insurance companies are looking for these reasons for refusing to pay compensation. If consumers have the intention to forge the scene, it is possible to get compensation. " Zhang Honglei, a lawyer, commented, but some insurance companies will continue to look for reasons to refuse to pay compensation. Consumers should be careful to "pay too much" when playing this trick.
Rights protection tips
"Buying insurance is buying a contract. Consumers have both rights and obligations, so we must understand what is compensable and what is not. " Gao Jiang, secretary-general of Yunnan Insurance Industry Association, said that if consumers feel that there are problems when buying insurance or making claims, they should choose to complain. You can complain to the insurance company first. If mediation fails, you can complain to the Insurance Regulatory Bureau and the Insurance Association.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.