In the case of the case, the insurance contract does not agree on the insurance value of the new energy vehicle insurance claims calculation standard.
Published:
2021-11-29
[brief case]] On November 10, 2017, Wang took out motor vehicle commercial loss insurance (hereinafter referred to as vehicle damage insurance) and no deductible insurance for his car in a property insurance Beijing branch. The insured vehicle is a pure electric car, and the purchase of this car enjoys preferential policies for the purchase of new energy vehicles; after deducting the state subsidy for the vehicle involved in the accident, Wang actually paid 60000 yuan for the purchase. A property insurance Beijing branch evaluates and calculates the insurance cost according to the official guide price before the car subsidy. The compensation limit for car damage insurance is 169801.2 yuan, and the insurance period is from December 12, 2017 to December 11, 2018. On April 25, 2018, Wang's father, Wang Yi, had a traffic accident driving the vehicle, causing damage to the vehicle. After the accident, Wang Yi immediately reported to a property insurance Beijing branch and explained the accident. After Wang mou sent the accident vehicle to a car sales co., ltd for repair and paid the repair cost of 70365 yuan. Wang mou believed that the vehicle involved in the accident was insured against vehicle damage in a property insurance Beijing branch with an insurance amount of 169801.2 yuan. the accident in this case occurred during the insurance period, and a property insurance Beijing branch should compensate Wang mou for 70365 yuan in accordance with the insurance contract. A property insurance Beijing branch believes that the vehicle involved in the accident should be calculated according to the depreciation value of 54240 yuan of Wang's actual purchase price, and should not be compensated according to the vehicle insurance amount of 169801.2 yuan at the time of insurance, so it does not agree with the compensation amount claimed by Wang. focus of controversy] How to determine the insurance value of the vehicle involved in the accident. The court considered] The court held that the insurance contract signed by Wang and a property insurance Beijing branch was the true intention of both parties, did not violate the mandatory provisions of laws and administrative regulations, and should be legal and effective. The focus of the dispute in this case is how to determine the insurance value of the vehicle involved in the accident. According to the provisions of Article 55 of the the People's Republic of China Insurance Law, if the insured and the insurer agree on the insurance value of the subject matter of the insurance and state it in the contract, the agreed insurance value shall be the standard of compensation calculation in the event of loss of the subject matter of the insurance. If the insured and the insurer have not agreed on the insured value of the subject matter of the insurance, the actual value of the subject matter of the insurance at the time of the insurance accident shall be the standard for the calculation of compensation in the event of loss of the subject matter of the insurance. According to Article 18 of the the People's Republic of China Insurance Law, the amount of insurance refers to the maximum amount of the insurer's liability for compensation or payment of insurance benefits. According to the above provisions, in a property insurance contract, the subject matter of the insurance has an insured value, and the amount of insurance is determined on the basis of the insured value. Insurance value is the economic value of the subject matter of insurance that can be estimated in monetary terms at a particular period of time. Specifically in this case, the subject matter of the insurance is the insured vehicle under the name of Wang. The insurance value is the monetization of the insured's insurance interest in the subject matter of the insurance. The value of the subject matter of the insurance exists objectively. It will not change due to whether there is a state subsidy, and then the insured's insurance interest in the subject matter of the insurance is also objective, and it will not change due to whether there is a state subsidy. According to Article 13 of the "Motor Vehicle Comprehensive Commercial Insurance Clauses" (hereinafter referred to as the "Insurance Clauses"), the insurance amount is determined according to the actual value of the insured motor vehicle at the time of insurance. In this case, the corresponding insurance amount in the "insurance amount" column of the motor vehicle comprehensive commercial insurance policy is 169801.2 yuan, that is, when Wang mou insured the vehicle, a property insurance Beijing branch calculated the insurance amount and insurance cost based on the official guiding price before the subsidy of the vehicle. the department can also certify that the actual value of the vehicle involved in the accident when insured is 169801.2 yuan. Therefore, the court held that the actual value of the vehicle involved in the accident at the time of insurance should be the official guiding price of 169801.2 yuan before the subsidy. According to the provisions of Article 55 of the the People's Republic of China Insurance Law, if the insured and the insurer have not agreed on the insured value of the subject matter of the insurance, the actual value of the subject matter of the insurance at the time of the insurance accident shall be the standard of compensation calculation. In this case, the two parties did not agree on the insurance value, so a property insurance Beijing branch should be based on the actual value of the subject matter of the insurance at the time of the accident as the standard of compensation calculation. According to the Insurance Clause, the actual value of the vehicle in this case after depreciation at the time of the insurance accident is 169801.2 x (1-16 x 0.006)= 153500.2848 yuan. In this case, Wang claimed that the vehicle maintenance cost was 70365 yuan, and the value of the loss was also lower than the actual value after the above depreciation, and within the scope of the insurance amount. Therefore, the court supported Wang mou's claim of vehicle maintenance cost of 70365 yuan, and did not support the opinion that a property insurance Beijing branch claimed to calculate the insurance amount according to the price before subsidy and to calculate the insurance amount according to the actual purchase price of 60000 yuan. Lawyer Advice] In recent years, the scale of new energy automobile industry has developed rapidly, and the use of new energy vehicles is more common. For new energy vehicles, car owners generally enjoy state subsidies when purchasing new energy vehicles, so the actual purchase price of new cars for car owners is lower than the official market guidance price. In motor vehicle property loss insurance, the current general practice of insurance companies is to calculate the premium based on the price before the subsidy, and the amount after the subsidy is used as the standard for the upper limit of compensation, that is, the "high insurance and low compensation" in practice ". In this case, with regard to the insurance claims of new energy vehicles, the court held that in the absence of a clear agreement on the value of automobile insurance in the insurance contract, the insurance company should take the actual value of the vehicle involved in the accident at the time of insurance, that is, the official guide price before the subsidy, as the calculation standard of insurance claims. Through this case, it is suggested that in the process of carrying out the new energy vehicle insurance business, the insurance company should clearly agree on the insurance value in the insurance contract and standardize the underwriting procedures, such as strictly fulfilling the obligation to remind the insured about the compensation limit and other contents, so as to prevent the relevant claims and litigation risks.
[brief case]]
On November 10, 2017, Wang took out motor vehicle commercial loss insurance (hereinafter referred to as vehicle damage insurance) and no deductible insurance for his car in a property insurance Beijing branch.The insured vehicle is a pure electric car, and the purchase of this car enjoys preferential policies for the purchase of new energy vehicles; after deducting the state subsidy for the vehicle involved in the accident, Wang actually paid 60000 yuan for the purchase. A property insurance Beijing branch evaluates and calculates the insurance cost according to the official guide price before the car subsidy, and the compensation limit for car damage insurance is 169801.2 yuan,The insurance period is from December 12, 2017 to December 11, 2018. On April 25, 2018, Wang's father, Wang Yi, had a traffic accident driving the vehicle, causing damage to the vehicle. After the accident, Wang Yi immediately reported to a property insurance Beijing branch and explained the accident. After Wang mou sent the accident vehicle to a car sales co., ltd for repair and paid the repair cost of 70365 yuan.
Wang mou believed that the vehicle involved in the accident was insured against vehicle damage in a property insurance Beijing branch with an insurance amount of 169801.2 yuan. the accident in this case occurred during the insurance period, and a property insurance Beijing branch should compensate Wang mou for 70365 yuan in accordance with the insurance contract. A property insurance Beijing branch believes that the vehicle involved in the accident should be calculated according to the depreciation value of 54240 yuan of Wang's actual purchase price, and should not be compensated according to the vehicle insurance amount of 169801.2 yuan at the time of insurance, so it does not agree with the compensation amount claimed by Wang.
focus of controversy]
How to determine the insurance value of the vehicle involved in the accident.
The court considered]
The court held that the insurance contract signed by Wang and a property insurance Beijing branch was the true intention of both parties, did not violate the mandatory provisions of laws and administrative regulations, and should be legal and effective. The focus of the dispute in this case is how to determine the insurance value of the vehicle involved in the accident.
According to the provisions of Article 55 of the the People's Republic of China Insurance Law, if the insured and the insurer agree on the insurance value of the subject matter of the insurance and state it in the contract, the agreed insurance value shall be the standard of compensation calculation in the event of loss of the subject matter of the insurance.If the insured and the insurer have not agreed on the insured value of the subject matter of the insurance, the actual value of the subject matter of the insurance at the time of the insurance accident shall be the standard for the calculation of compensation in the event of loss of the subject matter of the insurance.According to Article 18 of the the People's Republic of China Insurance Law, the amount of insurance refers to the maximum amount of the insurer's liability for compensation or payment of insurance benefits. According to the above provisions, in the property insurance contract, the subject matter of the insurance has an insurance value,The amount of insurance is determined on the basis of the insured value.Insurance value is the economic value of the subject matter of insurance that can be estimated in monetary terms at a particular period of time. Specifically in this case, the subject matter of the insurance is the insurance vehicle under the name of Wang,The insurance value is the monetization of the insured's insurance interest in the subject matter of the insurance. The value of the subject matter of the insurance exists objectively and will not change due to whether there is a state subsidy. The insurance interest of the subject matter is also objective, and it will not change due to whether there is a state subsidy.In accordance with the provisions of Article 13 of the Comprehensive Commercial Insurance Clauses for Motor Vehicles (hereinafter referred to as the "Insurance Clauses"),The amount of insurance shall be determined according to the actual value of the insured motor vehicle at the time of insurance.
In this case, the corresponding insurance amount in the "insurance amount" column of the motor vehicle comprehensive commercial insurance policy is 169801.2 yuan, that is, when Wang mou insured the vehicle, a property insurance Beijing branch calculated the insurance amount and insurance cost based on the official guiding price before the subsidy of the vehicle. the department can also certify that the actual value of the vehicle involved in the accident when insured is 169801.2 yuan.Therefore, the court held that the actual value of the vehicle involved in the accident at the time of insurance should be the official guiding price of 169801.2 yuan before the subsidy.According to the provisions of Article 55 of the the People's Republic of China Insurance Law, if the insured and the insurer have not agreed on the insured value of the subject matter of the insurance, the actual value of the subject matter of the insurance at the time of the insurance accident shall be the standard of compensation calculation.
In this case, the two parties did not agree on the insurance value, so a property insurance Beijing branch should be based on the actual value of the subject matter of the insurance at the time of the accident as the standard of compensation calculation.According to the Insurance Clause, the actual value of the vehicle in this case after depreciation at the time of the insurance accident is 169801.2 x (1-16 x 0.006)= 153500.2848 yuan.In this case, Wang claimed that the vehicle maintenance cost was 70365 yuan, and the value of the loss was also lower than the actual value after the above depreciation, and within the scope of the insurance amount. Therefore, the court supported Wang's claim of 70365 yuan for vehicle maintenance,The court did not support the opinion of a property insurance Beijing branch that the insurance amount should be calculated according to the pre-subsidy price and the actual car purchase price of 60000 yuan should be used as the standard for compensation.
Lawyer Advice]
In recent years, the scale of new energy automobile industry has developed rapidly, and the use of new energy vehicles is more common. For new energy vehicles, car owners generally enjoy state subsidies when purchasing new energy vehicles, so the actual purchase price of new cars for car owners is lower than the official market guidance price. In motor vehicle property loss insurance, the current general practice of insurance companies is to calculate the premium based on the price before the subsidy, and the amount after the subsidy is used as the standard for the upper limit of compensation, that is, the "high insurance and low compensation" in practice ".
In this case, with regard to the insurance claims of new energy vehicles, the court held that in the absence of a clear agreement on the value of automobile insurance in the insurance contract, the insurance company should take the actual value of the vehicle involved in the accident at the time of insurance, that is, the official guide price before the subsidy, as the calculation standard of insurance claims. Through this case, it is suggested that in the process of carrying out the new energy vehicle insurance business, the insurance company should clearly agree on the insurance value in the insurance contract and standardize the underwriting procedures, such as strictly fulfilling the obligation to remind the insured about the compensation limit and other contents, so as to prevent the relevant claims and litigation risks.
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