[According to the case] I hit their own car, and the insurance company refused to pay?Wuling District Court judged like this!

Changde Daily reporter Deng Qiyue correspondent Jia Qingqing Shen Xun

Recently, the Court of Wuling District, Changde City, tried a dispute over a motor vehicle traffic accident liability for traffic contracts involving insurance contracts.

On July 19, 2021, Chen Moumou drove a small passenger car to park in the community. He collided with Song Moumou and Zhang Moumou's vehicles in improper operation, causing damage to the three cars and Chen Moumou injured. According to the traffic police department, Chen Moumou had all the responsibilities of the accident, and Song Moumou and Zhang Moumou had no responsibility. After identification, the loss of the vehicle affiliated by Song Moumou was 59,800 yuan. Chen Moumou's vehicles insured in the insurance company that the traffic insurance and the liability limit of 10,000 yuan were not exempt from the three insurances. Due to the relationship between Chen Moumou and Song Moumou, the insurance company used Article 26 of the "Instructions for Comprehensive Commercial Insurance for Motor Vehicle". All, lease, use, manage, transport, or manage the losses of property, and the loss of the property on the car, the insurer is not responsible for compensation. "For the reason, it refused to bear the insurance liability. Song Moumou sued Chen Moumou and the insurance company to the court, asking Chen Moumou to bear the liability for infringement, and asked the insurance company to bear insurance liability within the scope of insurance liability.

The Wuling District Court ruled that insurance companies paid Song Moumou 59,800 yuan to Song Moumou within the insurance limit. The insurance company did not accept the appeal of the first instance, and the second instance maintained the original judgment.

Judge

Should insurance companies bear insurance liability?

According to the law, if an insurance contract is concluded, and the format provided by the insurer, the insurer provided by the insurer to the insurer shall attach the format clause. In terms of clause, the insurer should make a reminder that the insurance policy is sufficient to attract the attention of the insurer on the insurance form, insurance policy or other insurance vouchers, and to make a clear explanation of the content of the clause in writing or verbal form. If the prompt or clearly explains, the clause does not have the effect.

Article 26 of the Terms of Comprehensive Commercial Insurance of the Motor Vehicle in this case is the clause that exempts the insurer's responsibilities. The insurance company shall make a clear explanation to Chen Moumou on the clause. It is clear that the requirements include two aspects, one is the content of the content, and the other is the form of form.

According to the previous requirements, the insurer shall explain to the insurer on the concept, content and its legal consequences involved in the exemption clauses before signing an insurance contract or when signing an insurance contract. as a result of.

According to the latter requirements, the explanation of the insurer should adopt a certain form. The insured statement confirmed by Chen Moumou provided by the insurance company only proves that it clearly explains that the formal elements have reached the form of form. Obligations, the insurance company should bear the insurance liability of this case.

In addition, insurance, as an important means of risk management, is of great significance to protect the property safety, stable life, and personal health of individuals and their families. The purpose of insurance is also to make up for the loss and sharing risk. In this case, Chen Moumou drove a traffic accident in a motor vehicle, causing his own injuries, Song Moumou and other people's property losses. Does not meet the principles of fairness and the basic spirit of insurance.

In summary, insurance companies should bear insurance liability within the scope of insurance liability.

Judge remind

The contract involved in this case is the insurance contract, but in life, we often encounter many other contracts. How can the two parties to the contract formulate the contract, review the contract, and sign the contract to avoid disputes. It is recommended to pay attention to the following aspects.

First, identify what is format or format clause. The format clause is the clause that the parties are prepared in advance in order to reuse and fail to negotiate with the other party when the contract is concluded. For example, the purchase of air tickets, train tickets, and power supply contracts established with the power supply company have a common feature, that is, the contract terms are pre -prepared by the enterprise, and it is not allowed to modify it when signing the contract.

Secondly, if a contract is concluded by the format clause, the party providing format clause shall follow the principle of fairness to determine the rights and obligations of the parties, and adopt a reasonable way to prompt the other party to pay attention to or reduce their responsibilities. In accordance with the requirements of the other party, this terms are explained. The so -called "reasonable way" must consider comprehensive judgment of the nature of the contract and the trading habits.

Again, as a party that accepts format contracts, especially consumers, when signing a contract, you should read and review the terms of the contract carefully. There are parts of the special logo in the format terms, exempting or reducing each other's responsibilities, and a major interest relationship with themselves. The terms of the format should be carefully asked to the provider of the format, asking the other party to explain the content of the terms to protect their rights and avoid contract traps.

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