Nanhu district lawyer
Xiangzhou district lawyer
Pingxiang lawyer
Guantao county lawyer
Laoshan lawyer
Luannan county lawyer
In recent years, the number of students studying abroad has been increasing, and China students have been repeatedly injured overseas, which has aroused great public concern. Many parents will buy some commercial insurance for their children to ensure their personal safety when they work and live overseas. However, a small number of international students have some illegal acts, which have caused them to be hurt. For example, the previous cases have caused heated discussions. Does the death insurance company for foreign students who drive fast have to pay compensation? In response to this problem, the following small series talks about their own views.
1. Does the insurance company for the death of foreign students who drag racing have to pay for it?
Generally speaking, insurance companies compensate for normal speeding, but if the speeding is caused by the intentional behavior of the insured, such as racing with others, then there is intentional behavior in the resulting insurance accident, so the insurance company has the right to refuse compensation. Drunk driving or drug driving belongs to the scope of exemption stipulated by insurance companies. Therefore, if the international students are finally identified by the police as traffic accidents caused by drunk driving or drug driving, the insurance company not only has the right to refuse compensation, but also is responsible for its own violations.
This is because the driver has been criminally punished, and it can be determined that his behavior is illegal, and to a certain extent, it violates the public interest and good morality. If insurance protection is still given to this kind of behavior, it will not only lead to the consequences of encouraging crimes, but also make the contractual purpose of the disputed contract become to protect illegal acts, so that the above-mentioned drivers can benefit from their intentional behavior, which fundamentally violates the purpose of the insurance system.
It is worth noting that if the accident is caused by an unintentional criminal act, if it is within the scope of the contract, the insurance company will make normal claims. Such as taking drugs under duress or deception. This is also the judgment made by insurance companies for the sake of protecting consumers' rights and interests.
Second, how long will it take to get the money after applying for compensation from the insurance company?
The insurer shall, after receiving the request for compensation or payment of insurance benefits from the insured or beneficiary, give it timely approval; If the situation is complicated, it shall be approved within 30 days, unless otherwise agreed in the contract. The insurer shall notify the insured or beneficiary of the verification result; For the insured, the obligation to compensate or pay insurance money shall be fulfilled within ten days after reaching an agreement with the insured or beneficiary. If the insurance contract stipulates the time limit for compensation or payment of insurance benefits, the insurer shall perform the obligation of compensation or payment of insurance benefits as agreed.
If the insurer fails to fulfill the obligations stipulated in the preceding paragraph in time, it shall compensate the insured or beneficiary for the losses incurred therefrom in addition to paying the insurance money. No unit or individual may illegally interfere with the insurer's obligation to pay insurance money, and may not restrict the right of the insured or beneficiary to obtain insurance money.
Through the above, Bian Xiao discussed whether the insurance company for overseas students' racing death should compensate this social focus. In this case, the death of foreign students was caused by their dangerous driving behavior, and the insurance company did not compensate them within the exemption scope of the insurance company. Moreover, the speeding behavior of international students poses a threat to public safety, and it is reasonable for the parties concerned to be held accountable.
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