Recently, careful of court of people of city of state of Peng of the Chengdu City writtens guarantee this has case of issue of liability of accident of motor vehicle traffic, the opinion that the court does not grant to compensate for to insurance company does not grant to support, two insurance company that adjudicate accept insurance press corresponding scale to compensate for 20285 yuan respectively inside respective insurance limit, 32214 yuan.
On December 28, 2016 afternoon, you Mou drives a dynamoelectric four-wheeler is in on one road of local when travel, as dynamoelectric as a when with direction Zhou Mou drives 2 rounds of car happening collide, send Zhou Mou to get hurt, dynamoelectric 2 rounds of cars are damaged. Group of classics place policeman entrusts relevant orgnaization appraisal, afore-mentioned bilateral car attribute all are motor vehicle. Later, branch of policeman of local public security maintains You Mou to assume an accident main responsibility, zhou Mou assumes accident secondary responsibility. Zhou Mou hurts affection to be disabled for 10 class by appraisal. Before this, you Mou is experience case dynamoelectric four-wheeler is cast in two insurance company respectively guaranteed a place difficult of access of responsibility of a third party of blame motor vehicle.
After accident happening, you Mou in all medical treatment of pay for sb and expect to be repaid later expends 41283 yuan, one insurance company pays compensatory fund actually also 4700 yuan to its.
In front courtyard careful, you Mou joins two insurance company that protect all argue says, its cast the property of car of appraisal of classics of four-wheel and electric car that protect to be motor vehicle, this and insure are planted property not conform to, insurance company should not assume liability to pay compensation.
First instance of Peng state court thinks, policy-holder is cast when protecting, insurance company should be planted to the property of accept insurance car and danger whether conform to undertakes checkup, if not agree with via examining car quality and danger to plant, can reject accept insurance completely. And the policy-holder in this case did not conceal car attribute, cast car property also was not changed artificially after protecting, experience case car is casting the itself when protecting to belong to motor-car of report exceeding bid, although quality of accept insurance car and accept insurance danger are planted,not agree with, also be insurance company all did not arrive examine compulsory be caused by, policy-holder does not have fault, insurance company should bear adverse consequence by oneself, made afore-mentioned court decisions lawfully then.
After adjudging, both sides of former, the accused all did not put forward to appeal inside legal time limit, at present this court decision already produced legal effectiveness.
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Peng state court undertakes the judge Liao Shuhua of this case expresses, focus of this case controversy should be insurance company wait to extend business to seek profit, in know perfectly well send the is put in unwell case risk case that defends bid, still agree with accept insurance, whether can become the contradictory particulars of a matter with invalid contract.
In this case, policy-holder puts forward to be not responsibility of motor vehicle a third party to be sure to ask to insurance company with respect to experience case car, gave out to insurance company namely want to make an appointment with. Insurance company is in before making insurance commitment, accountability to insurance mark whether to accord with insure to plant undertake checkup. Do not accord with danger of its accept insurance to plant to examining of the requirement, can refus is protected. But agree with accept insurance however in the insurance company in this case, can holding insurance company is to be below the attribute state that know or ought to know to exceed mark report motor-car, recognized the quality of blame motor vehicle of motor-car of report exceeding bid, voluntary accept insurance exceeds mark report motor-car to be not motor vehicle commerce 3 person danger, insurance contract holds water and become effective, insurance company should be between insurance period inside assume insurance responsibility.
