If we are sentenced to bear legal costs, we will appeal. [Objection] In the case of personal injury compensation disputes in road traffic accidents undertaken by the author, most insurers do not bear legal fees. In the trial practice, yes, there are three main viewpoints. The first view is that according to Article 10 of the Compulsory Liability Insurance for Motor Vehicle Traffic Accidents, "Compulsory Traffic Insurance is not responsible for compensation and advance payment for the following losses and expenses: absolutely not ... (4) Arbitration or litigation expenses and other related expenses due to traffic accidents." Since the insured and the insurer have clearly agreed on this clause in the insurance contract, the insurer should not bear the legal costs. The second view is that whether the insurance company should bear the legal fees should not be based on the relevant provisions of the compulsory insurance clause for motor vehicle traffic accident liability, but should examine the correlation between the insurance company and the litigation behavior. If an insurance company refuses to pay compensation without justifiable reasons or is at fault, it shall bear the corresponding litigation costs. The third point of view is that since the insured has purchased compulsory insurance from the insurer, the insurer should bear the corresponding litigation costs in the case of personal injury compensation disputes in road traffic accidents within the insured amount. [Thinking] The author agrees with the second view. In the process of trial, the insurer often refuses to bear the litigation costs on the grounds of Article 10 of the Compulsory Liability Insurance Clause for Motor Vehicle Traffic Accidents. In the trial practice, most judgments of the court also support this view. But I think this is debatable. I. The insurer does not bear the legal fees. According to Article 10 of the Compulsory Liability Insurance for Motor Vehicle Traffic Accidents, "Compulsory Traffic Insurance is not responsible for compensation and advance payment for the following losses and expenses: absolutely no compensation ... (4) Arbitration or litigation expenses and other related expenses due to traffic accidents". Insurance companies don't seem to bear legal fees. However, the main body of compulsory liability insurance clauses for motor vehicle traffic accidents is insurance association of china, which is only a national self-regulatory organization of China insurance industry approved by China Insurance Regulatory Commission and registered with the Ministry of Civil Affairs. It is a voluntary non-profit social group legal person. Therefore, the compulsory motor vehicle traffic accident liability insurance clause is neither an administrative regulation nor an administrative regulation. Article 29 of the Measures for Payment of Litigation Costs formulated by the State Council stipulates: "The litigation costs shall be borne by the losing party, unless the winning party voluntarily bears them. If the case is partially won or partially lost, the people's court shall decide the amount of litigation costs borne by the parties according to the specific circumstances of the case. " China's laws and judicial interpretations have no special provisions on the burden of legal fees for traffic accident damage compensation cases, so the provisions of the Measures for Paying Legal Fees should also be applied. However, the insurer absolutely does not have to bear the litigation costs caused by compulsory insurance, which obviously conflicts with the provisions of Article 29 of the Measures for the Payment of Legal Costs. Second, Article 66 of the Insurance Law of People's Republic of China (PRC) stipulates: "If the insured of liability insurance is brought for arbitration or litigation due to an insurance accident that causes damage to a third party, unless otherwise agreed in the contract, the arbitration or litigation expenses paid by the insured and other necessary and reasonable expenses shall be borne by the insurer." This clause stipulates that the arbitration or litigation expenses and other necessary and reasonable expenses paid by the insured shall be borne by the insurer unless otherwise agreed in the contract. In practice, insurance contracts usually adopt standard clauses. Compared with the insurer, due to the shortage and disadvantage of its own professional knowledge, the insured is obviously not fully aware of the possible consequences of the deviation in understanding and understanding of many terms in the insurance contract. Article 17 of the Insurance Law of People's Republic of China (PRC) stipulates: "If an insurance contract is concluded with standard clauses provided by the insurer, the application provided by the insurer to the applicant shall be accompanied by standard clauses, and the insurer shall explain the contents of the contract to the applicant. With regard to the clauses in the insurance contract that exempt the insurer from liability, when concluding the contract, the insurer shall make a prompt that can attract the attention of the insured on the application form, insurance policy or other insurance documents, and make a clear explanation to the insured in written or oral form; If there is no prompt or clear explanation, this clause will not take effect. " However, in practice, few insurance companies have the obligation to clearly explain the relevant clauses in this format contract when concluding the contract, which leads to the sudden realization of some policyholders during the trial.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.