A successful case of compensation after the claim for car damage insurance was rejected (there is a proxy). Xu is the owner. One day, Xu lent his car to his younger brother for use, and a unilateral accident occurred, resulting in the loss of the car and damage to a green tree.
After the alarm, the traffic police rushed to the scene of the accident and tested the driver's alcohol content as 19mg/ 100ml. After the accident, the insurance company fixed the damage of the vehicle at 26,000 yuan, and later Xu sent the vehicle to the maintenance point for maintenance at a cost of 33,000 yuan. However, considering that the insurance company only paid a loss of 26,000 yuan, it issued a maintenance invoice of 26,000 yuan. Damaged green trees shall be compensated for green restoration fee 1 180 yuan.
Xu's vehicle has been insured by an insurance company for compulsory insurance and car damage insurance. When Xu took the relevant invoice to the insurance company to make a claim, the insurance company refused to compensate the maintenance fee on the grounds that the driver was drunk driving.
Xu entrusted himself to sue the insurance company. In the end, in order to get the compensation as soon as possible, the plaintiff settled with the insurance company with a compensation of 24,000 yuan. The following is the proxy statement about this case:
Successful case of compensation after refusal of car damage insurance (with power of attorney)
Institutional opinion
Presiding judge:
XXXX Law Firm accepted the entrustment of plaintiff Xu Hongyan and appointed me as the special agent of plaintiff Xu Hongyan to participate in the litigation according to law. After accepting the entrustment, this agent consulted the relevant laws and regulations, especially after the just-concluded court investigation, which gave me a very clear understanding and understanding of the facts of this case. In my opinion, the focus of this case should be that the defendant's refusal to pay compensation on the grounds that the driver's alcohol content after the accident was 19mg/ml was unfounded. In order to fully explain my agency views, I hereby express my agency views as follows:
The defendant refused to pay compensation according to the exemption clause of the Automobile Loss Insurance Clause: the reason why the driver used the insured motor vehicle while drinking alcohol could not be established.
First of all, in this case, Xu Yanqing, the legal driver allowed by the plaintiff, was found to have an alcohol content of 19mg/ 100ml after the accident. Does the insurance clause provided by the defendant belong to drunk driving? The concept of drunk driving is not clearly explained in the insurance clause.
According to the Reading Value and Inspection Standard of Blood and Breathing Alcohol Content of Vehicle Drivers issued by the General Administration of Quality Supervision, Inspection and Quarantine, proposed by the Ministry of Public Security, drinking driving is defined as the driving behavior of vehicle drivers whose blood alcohol content is 20mg/ 100ml and less than 80 mg/ 100ml. Therefore, if the definition of a clause in the standard clause insurance contract in this case is not clear, it should be interpreted against the defendant, not to mention the clear definition of drinking and driving. Therefore, the driver of this case, Xu Yanqing, does not belong to drunk driving in the legal sense.
Second, the contract between the original defendants is a typical format contract, but the defendant's obligation to perform the format contract at the end of the year has not been specifically explained and explained for the exemption clause.
The insurance contract in this case has all the elements and characteristics of a standard contract, which is a typical standard contract, and both parties should have no objection. According to:
Paragraph 1 of Article 39 of the Contract Law: If a contract is concluded with standard terms, the party providing the standard terms shall follow the principle of fairness to determine the rights and obligations between the parties, and take reasonable measures to draw the attention of the other party to the terms exempting or limiting its liability, and explain the terms according to the requirements of the other party.
Article 40 If the party providing a standard clause exempts the other party from its responsibilities, aggravates the other party's responsibilities or excludes the other party's main rights, the clause is invalid. China's "Contract Law" stipulates that the legal obligations of standard clauses providers can be summarized as follows:
1, follow the principle of fairness to determine the rights and obligations between the parties.
2. It shall take reasonable measures to remind the other party of the terms exempting or limiting the liability of the service provider.
3. The clauses exempting or limiting the responsibilities of the supplier shall be interpreted according to the requirements of the other party.
4. The general contracting principle of civil law must be followed, and the standard clauses cannot be prohibited by law.
However, the contents of the contract terms provided by the defendant in this case did not attract the plaintiff's substantial and reasonable attention. The plaintiff did not understand the terms of exempting or limiting his liability, especially the technical terms, and the defendant did not show any evidence to the court about whether it had been clearly stated.
In addition, it should be noted that the plaintiff insured the defendant with various insurances, including vehicle loss insurance, because the vehicle purchased by the plaintiff was mortgaged by Quzhou Tiantian Commercial Road Co., Ltd. in Hangzhou Banshan Sub-branch of China Industrial and Commercial Bank. Due to the business relationship between the bank and the defendant, the corresponding insurance for the vehicle purchased by the plaintiff must be purchased at the defendant. However, the procedures for purchasing these insurances are handled by Tiantian Commercial Road Company, including paying insurance premiums and obtaining insurance policies. Therefore, the defendant claimed that the insurance contract with this standard clause was exempt from liability.
Three, the defendant at the end of the obligation, the exemption clause shall be deemed invalid.
The obligation of explanation in an insurance contract refers to the responsibility that the insurer is required by law to clearly explain the contents of the insurance contract to the applicant when concluding the contract. Based on the principle of utmost good faith and the nature of standard clauses in insurance contracts, Article 17 of the Insurance Law stipulates that when concluding an insurance contract, the insurer shall explain the contents of the clauses in the insurance contract to the applicant.
Article 18 stipulates that if there are clauses about the insurer's liability exemption in the contract, the insurer shall clearly explain them to the applicant when concluding the insurance contract. If it is not clearly stated, this clause will not take effect. In the court investigation of this case, although the defendant tried to explain the notification according to the company's vehicle insurance clause, we believe that the defendant still failed to fulfill the obligation of clear explanation.
(a), the defendant to remind attention way is unreasonable.
1. The method of attracting attention is unreasonable. Personal attention should be the principle, except for announcement. Bold, underlined and large fonts should be used on the front of the document to attract attention.
The font of the insurance clauses suggested by the defendant is too small for ordinary people or ordinary people to read clearly.
3, draw attention to the degree of unreasonable, the degree should be enough to draw the attention of the general relative principle, if the relative person has special dysfunction, such as; We should remind the blind or illiterate more diligently and read aloud the contents of the exemption clause to the blind or illiterate.
4. The greening restoration fee in this case is 1 180 yuan, which should be settled in the property loss of compulsory liability insurance.
To sum up, the agent believes that the defendant should fully compensate the plaintiff for the maintenance cost of the vehicle according to the motor vehicle loss insurance of both parties, and refusing to pay compensation on the grounds of drunk driving is completely untenable. Green restoration fees should also be compensated.
Lawyer XXX of XXXX Law Firm
20XX year x month x day
Related reading:
Three methods to determine the amount of car damage insurance
Determine the insurance amount according to the purchase price of the new car.
This kind of insurance is considered as full insurance by insurance companies, and the insured can get compensation for actual losses when he is out of danger.
Determine the actual value of the insured amount
The actual value refers to the purchase price of a new car minus the depreciation. Although this insurance method can pay less premium, it is not completely insured in terms of insurance. Because in the case of partial loss, the insurance company can only compensate according to the proportion of actual value and new car price.
Because the owner of the car is insured according to the actual value of the car, the insured amount of all auto parts is based on its depreciated price. In case new parts need to be replaced in the process of repairing the car, the insurance company can only refer to the depreciation value of the parts and compensate the owner for part of the repair cost.
It is determined by the insured and the insurance company through consultation.
This kind of insurance generally occurs on rare models or confiscated vehicles. Because the price of rare vehicles in the market is often not comparable and the value is relatively high, the purchase price of confiscated vehicles is often too low.
According to the provisions of the current motor vehicle insurance clauses in China, no matter which of the above three ways determines the amount of car damage insurance, what else is not considered? From the car? Or? From people? In the case of factors, the insurance rates are all exactly the same.
Have you seen it? What are the successful cases of obtaining compensation after the claim of car damage insurance was rejected (with agency statement)? People have seen:
1. What are the exemption clauses of car damage insurance?
2. What are the non-claims for vehicle commercial insurance?
3.20 15 latest standard of car damage compensation for traffic accidents
4. What is spontaneous combustion loss insurance?
5. What can't be compensated after the auto insurance fee is changed? Now you have to pay for it.