Lend a motorcycle to a friend. In the process, a friend had a traffic accident and the man died. Should the insurance company pay?

Hello! In the following three kinds of traffic accidents, the insurance company may request to refuse compensation:

Case 1:

Lend your car to someone without a driver's license.

When Mr. Qu called, it was the "Eleventh" Golden Week, and he told reporters such a thing on the other end of the phone.

10 10/day, Mr. Qu's classmate Mr. Lu called to borrow his car and prepare to travel by car. Considering that he had no travel plan during the Eleventh Five-Year Plan and had a deep friendship with Mr. Lu, Mr. Qu did not hesitate to borrow the Bora he bought last year.

Unexpectedly, just two days later, Mr. Lu had a car accident. Fortunately, Mr. Lu himself is not in serious trouble, but Mr. Qu's car still suffered a lot of "trauma". It turned out that Mr. Lu ran into a railing to avoid pedestrians crossing the road. When Mr. Qu inquired, it would cost 8000 yuan to restore the original appearance of the car.

Mr. Qu immediately reported the case to the insurance company that insured the auto insurance. The insurance company found that Mr. Qu's classmate Mr. Lu didn't have a driver's license. The nature of the accident in this case belongs to driving without a license, and within the scope of liability exemption of insurance clauses of insurance companies, the insurance companies made a decision to refuse compensation.

Mr. Qu said on the phone that because the traffic police department determined that pedestrians were mainly responsible for the accident, Mr. Qu did not want to ask Mr. Lu for repair fees, and the insurance company insisted on refusing to pay compensation. So it seems that you have to pay for the repair of this 8000 yuan by yourself.

What needs to be reminded to car owners is not to lend the car to people who don't have a driver's license easily, otherwise a series of expenses arising therefrom need to be "digested" by themselves. Because, from the insurance company's point of view, in addition to accidents caused by drivers without driver's license, there are many cases where accidents are not paid.

For example, if the vehicle is not inspected on time, the insurance company will not compensate; If the vehicle does not have a qualified license plate number, it will not be compensated; The insurance company will not pay for the accident caused by the overload of personnel. In short, the insurance company has the right to refuse compensation for unqualified drivers or vehicles. Therefore, the insured should pay more attention to the provisions of the terms after insurance, and don't take any chances.

Case 2:

Uninformed driving without a license accident

Different from the first case, the accident caused by driving without a license occurred without the insured's knowledge.

In September this year, two employees of a plastic processing factory in Shanghai drove out to work. One of the employees is a factory driver and the other is a salesman. Because the salesman wants to get addicted to cars, let the driver make way for a while and let him drive for a while. Who knows, shortly after driving, the salesman rear-ended with other vehicles, resulting in a certain degree of damage to the factory car worth more than 300 thousand yuan.

Furthermore, in driving without a license, the actor violated the provisions of the Regulations on Road Traffic Management, and should be compensated according to the provisions of the General Principles of the Civil Law that "citizens and legal persons shall bear civil liability for infringing on the property of the state, the collective or others due to their own faults". Article 19 of the Motor Vehicle Insurance Clause and Article 44 of the Insurance Law stipulate that if the property loss of the insured is caused by the behavior of a third party, the insured may claim compensation from the third party or the insurance company. Where an insurance company is required to make compensation, the insurance company shall issue a "Letter of Transfer of Rights and Interests" after compensation, and transfer the right of claim against the third party to the insurance company, which will exercise the right of recourse on its behalf, but the insured shall give necessary assistance.

In other words, the plastic factory can choose whether to claim compensation from the insurance company or directly from the perpetrator. If the insurance company is required to pay compensation, the insurance company can pay in advance and then recover from the perpetrator.

For a recent example, the Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents, which came into effect in July of 1, stipulates that once an accident occurs due to driving without a license or drunk driving, the insurance company will advance the rescue expenses within the limit of compulsory liability insurance for motor vehicle traffic accidents and have the right to recover from the perpetrators.

Case 3:

Driving without a license accident before the contract came into effect.

Compared with the above two cases, Mr. Su's experience seems to be more complicated. Although driving without a license Insurance Company also refused to pay compensation, Mr. Su is still at a loss as to whether the contract is valid or not.

Mr. Su's daughter, Xiao Su, bought a life insurance policy from an insurance company in August this year with the insured amount of 500,000 yuan. After paying the first premium, Xiao Su designated her boyfriend as the beneficiary of her death. A few days later, the insurance company sent a question letter to inform Xiao Su, asking him to re-designate the death beneficiary. Her boyfriend is not suitable as a beneficiary. On the same day, his father Mr. Su was re-designated as the legal beneficiary.

On September 6th this year, the salesman of the insurance company handed the revised notice to the heads of the business department and branch on the 8th and to the branch on the 9th. At the same time, the sub-bureau received a report that Xiao Su died in a car accident while driving a car borrowed from a friend on the morning of September 8.

After investigation, the insurance company found that Xiao Su was driving without a license, so the insurance company refused to pay compensation. But Mr. Su asked for full payment of the insurance premium.

In the reporter's interview, most insurance experts support insurance companies. They believe that the insurer has the right to terminate the insurance contract if the insured violates the warranty clause. Guarantee means that the insured guarantees the action or omission of a certain matter during the insurance period, or guarantees the authenticity of a certain matter. Once the insured makes a guarantee, he must abide by it. In this case, the insured Xiao Su violated the exemption clause in the insurance clause because of driving without a license. The insurance company can refuse to pay compensation after he fails to obtain a legal driving license to drive the vehicle.

However, because this case involves the establishment and validity of the contract, some experts have also put forward different views. Their view is that the insurance company issued a temporary receipt to the insured Xiao Su, so the behavior of paying the premium belongs to the expected payment behavior. According to the requirements of the letter of guarantee, the contract is not established. In addition, the insurance company's temporary payment should be regarded as an offer made by the insurance company to the insured in the form of a standard contract, and there is no exemption clause in the note statement. Xiao Su's payment of the first premium should be regarded as his acceptance of the offer from the insurance company, and Xiao Su's death just meets the compensation conditions set by the insurance company in the statement. Therefore, even if the insurance contract is not established, the insurance company should abide by the contents of the offer stated in the notes of its temporary receipt, and make compensation according to the accident insurance money applied by the insured Xiao Su.

In fact, the key to support the policyholder's point of view lies in whether the insurance contract is established and effective. As far as the case itself is concerned, the insurance contract is neither established nor effective, and it is in the process of offer and counter-offer. In this case, the beneficiary designated by the insured Xiao Su did not meet the requirements, and the insurance company made a counter-offer, that is, the beneficiary was re-designated, resulting in the death of the insured in a car accident. Therefore, the insurance contract is invalid, let alone valid.

In addition to the three cases illustrated above, if you are suspected of drunk driving, drunk driving or causing a traffic accident, the insurance company will also refuse to pay compensation. Even if none of the above is true, the insurance company will only make claims according to the maximum compensation amount agreed in the insurance contract. The part exceeding the maximum compensation amount shall be borne by the driver himself; If the driver is unable to bear the accident, the owner shall bear joint and several liability. Thanks for reading!

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.