The Civil Code said "No" for car insurance without blame for insurance insurance

【case】

On March 11, 2022, Wang drove a car and went to Rongwu Highway, and was rearred by Ren's large truck, causing the car to be destroyed. The evaluation loss was more than 21,000 yuan.

The accident was determined by the traffic police. The car casts a vehicle loss insurance at a insurance company. However, the insurance company refused to pay for the claim on the grounds that he had no responsibility, and then sued the court.

【Hearing】

On July 27, 2022, the court conducted a public trial in accordance with the law. In the court, the insurance company argued that according to the motor vehicle insurance clause signed by the two parties, "the insurer assumes the corresponding compensation liability based on the proportion of the accident liability for the accident in the accident." In this case, Wang was irresponsible to the traffic accident, so the losses of the king's vehicle should claim to the large truck of all responsibilities, rather than claiming the insurance company.

Wang Shaoyong, a member of the Chinese Law Society and the Shuguang Legal Service Institute of Quyang County, believed that according to the provisions of Article 497 (2) of the Civil Code, the format clause was unreasonably exempted or reduced to alleviate If its responsibility, aggravate each other's responsibilities, and restrict the main rights of the other party, the terms of this format are invalid. At the same time, the provisions of this clause also violate the principle of compensation for the "Insurance Law". The insurance company can exercise the "substation for compensation" in accordance with the provisions of the Insurance Law. In addition, the "Explanation of the Supreme People's Court on the Application of the Insurance Law of the People's Republic of China" (2) Article 19 (2) is also clear. Or if the beneficiary does not require the third party to bear the responsibility for arguing whether the insurance liability is not assumed, the people's court will not support it. Therefore, the reasons for the defense of the insurance company cannot be established.

【judgment】

On August 1, 2022, the Quyang County People's Court supported all the plaintiff's demands after public trial in accordance with the law. It was judged that an insurance company compensated the plaintiff's vehicle loss, evaluation fee, and trailer fee of more than 25,000 yuan. The litigation costs were borne by the insurance company.

(Chen Shaoyong)

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