1. Overview
under “Traffic Insurance Regulations”, traveling on the roads within the motor vehicle owner or manager of the People’s Republic of China should be insured to pay high insurance, the vehicle owner, the manager did not in accordance with the provisions of the insured to pay compulsory insurance, the public security organs traffic management departments have the right to detain the vehicle, inform the vehicle owner, the manager in accordance with the provisions of the insured, and impose a fine of two times the premium payable. During the insurance pay high insurance for one year, only four cases can be insured under the insurance within one year of the short-term to pay high insurance, one temporary entry of foreign motor vehicle, and second, temporary motor vehicle traveling on the road, the third is from motor vehicle regulations less than one year of retirement period, the four other cases provided CIRC.
Under the “Road to pay Law” and “Traffic Insurance Regulations”, the public security organs traffic management, management tractors agricultural machinery management departments to pay high insurance supervision system, accepting the motor vehicle registration, change of registration, modification and safety when the technical inspection of motor vehicles are required to meet the requirements of a valid pay high insurance insurance, or can not handle the relevant registration.
to pay high insurance of contractors for the Chinese-funded insurance companies and their agents authorized institutions approved by China Insurance Regulatory Commission, according to the February 15, 2012 the two sides issued the “Joint Fact Sheet on the strengthening of Sino-US economic relations of the ‘display China has decided to open to foreign insurance companies to pay high insurance, after completing amend the relevant laws and regulations and other procedures, will be formally promulgated and implemented. Just one each vehicle insurance to pay high insurance, policyholders may need to decide or choose to buy different limits of liability insurance according to their own business.
2, meaning
2004 May 1 implementation of the “Road Traffic Safety Law,” first proposed “the establishment of compulsory third party liability insurance, social assistance establishment of road traffic accidents fund”. March 28, 2006 the State Council promulgated the “Traffic Insurance Regulations”, compulsory third party liability from the insurance is in place “pay compulsory insurance” regulations since 2006 July 1 implementation. June 30, 2006, China Insurance Regulatory Commission issued “compulsory traffic accident liability insuranceInsurance business accounted for separately Interim Measures, “the implementation of the provisions of the date of release; June 27, 2007, the CIRC issued” compulsory traffic accident liability insurance rates floating Interim Measures, “the provisions from July 1 implementation. With the complete set of measures to pay high insurance finally in 2007 July 1 general practice, still common practice during the “compulsory third party liability insurance” (third party compulsory insurance).
“compulsory third party liability insurance” with the current motor vehicle third party liability insurance – part of commercial insurance, the new implementation of the “pay compulsory insurance” premium rate than the “motor vehicle third party liability insurance “high, to determine its liability under the responsibility of the insured accident in a traffic accident undertaken. Regardless of whether the insured is liable in a traffic accident, the insurance companies have to be compensated within the limits of liability in accordance with the “Traffic Insurance Regulations” and the specific requirements to pay high insurance provisions. For the maintenance of the road traffic passing by personal and property safety, to ensure road safety has an important role, while reducing legal disputes, simplified procedures to ensure that victims obtain prompt and effective compensation.
3 features
Article V of the “Traffic Insurance Regulations”, the insurer for the China Insurance Regulatory Commission approval of Chinese insurance companies. The second “Traffic Insurance Regulations” provides that the owner or manager of a motor vehicle traveling on the road should be insured to pay high insurance. This includes not only the mandatory insurance policy holders – owners of motor vehicles, including both the insurer – the insurance company. On the one hand, uninsured motor vehicle to pay high insurance shall not be driven on the road; on the other hand, with the insurance company to pay high insurance eligibility can not refuse coverage to pay high insurance business, can not arbitrarily relieve traffic compulsory insurance contract (the insured did not except truthfully inform the obligation to fulfill). In violation of the mandatory provisions of the vehicle owner, manager or insurance company will be punished.
would not join this insurance at twice the penalty provisions of the sum insured, the provisions of Article 39, “Traffic Insurance Regulations”, the vehicle owner, the manager uninsured motor vehicle compulsory insurance in accordance with the provisions of the public security organs traffic management departments detain the vehicle, inform the vehicle owner, the manager in accordance with the provisions of the insured, in accordance with the provisions of the minimum limits of liability insurance premiums to be paidA fine of 2 times.
all motor vehicles traveling on the road, must use a uniform insurance sign: “Traffic Insurance Regulations” Article 40 stipulates that vehicles traveling on the road not to place the label of insurance, the public security organs traffic management departments shall detain motor vehicle, inform the parties to provide insurance sign or corresponding formalities, can be a warning or a fine of 200 yuan more than 20 yuan.
4, the insured objects
The insurance object for the victims of traffic accidents virulence of the insured motor vehicle, personal injury and property damage, including the victim, this does not include the insured motor vehicle car personnel, the insured. According to Article 21 of the “Traffic Insurance Regulations”, the insured motor vehicle road traffic accidents caused by the vehicle staff, being the victim of an insurer other than personal injury, property damage, be within the scope of cross-strong insurance liability limit by insurance companies in accordance with law compensation.
to implement rescue advance payment guarantee system, “Traffic Insurance Regulations,” Article 22 provides for the driver has not obtained a driving license or drunk, they are insured motor vehicle during the robbery and the insured person deliberately Road Traffic road traffic accident case of an accident, resulting in bodily injury or death, the insurance company to advance the rescue expenses; advance amount does not exceed the corresponding medical expenses compensation limit to pay high insurance, and advance in the amount of related medical costs to rescue the injured person must pay. The right to recover virulence to rescue expenses paid after the insurance company to advance.
Article 23, to pay high insurance unified “liability limit” in the country.
Article VIII “Traffic Insurance Regulations”
5, rates provides that the premium rates and traffic violations linked to safe driving the vehicle can enjoy preferential rates repeatedly hit and bear higher costs rate, which is the implementation of floating rate linked to illegal mechanisms and rates. Since 2006, China Insurance Regulatory Commission on June 19 launched the first “compulsory traffic accident liability insurance of the rate table”, 2 February 1, 2008Time to implement new adjustment rate. Tractor rates have not been adjusted, the provinces implement different rates.
6, floating
June 27, 2007, China Insurance Regulatory Commission announced a “compulsory traffic accident liability insurance rates floating Interim Measures.” Pay high insurance premiums final calculation is: the final pay high insurance premiums based pay high insurance premiums = × (1+ road traffic accidents associated with floating rate A). Motorcycles and tractors temporarily float. A floating rate is one of A1 to A6 which:
A1 float floating rate factors: the last year did not have a responsibility to -10 percentage of road traffic accidents occur A2: two years on the responsibility of road traffic accidents have not occurred – 20 percentage A3: more than three years on the responsibility of road traffic accidents did not occur and -30 percentage A4: last year occur once the responsibility is not involved in a road traffic accident deaths 0 percentage A5: twice a year and more than twice the occurrence road traffic accidents are responsible for 10 percentage A6: an annual occurrence on the responsibility of road traffic fatalities 30 percentage
7, the compensation limit
June 28, 2006, China Insurance Regulatory Commission announced to the public “compulsory traffic accident liability insurance policy.” Terms stated at 50,000 yuan for death and disability compensation limit item, the insurance company liable for funeral expenses, death compensation, relatives of the victims transportation costs to handle funeral expenses, disability compensation, disability aids, nursing care , rehabilitation costs, travel expenses, is dependent for living expenses, accommodation, lost wages, and the insured in accordance with the spirit of the court or mediation undertaken solatium.
In 8000 yuan compensation for medical expenses limit item, the insurance company liable for medical expenses, medical fees, hospital fees, hospital food subsidies, necessary and reasonable follow-up treatment costs, cosmetic surgery costs, these payments. For compliance rescue costs, insurance companies advance in medical expenses compensation limit.
Traffic Insurance is not responsible for compensation and the advance of the following four: First, victims of traffic accidents intentionally caused the loss; the second is the suffering of all the insured property and property losses on the insured motor vehicle; the third is insured motor vehicle traffic accidents, resulting in the victim closed down, suspended, power, water supply, gas stop, stop, communication, or network interruption, loss of data, loss and devaluation of the victims of property caused by the voltage change due to changes in market prices caused by repairs after various other indirect losses due to losses caused by reduced value; Fourth, for arbitration or litigation costs generated by traffic accidents and other related expenses.
However, the China Insurance Regulatory Commission approved the rate plan through January 18, 2008, be amended. CIRC file “on the Insurance Association of China adjusting the compulsory traffic accident liability insurance rates approved” (Property & Casualty Insurance Regulatory Commission [2008] No. 27). After the revised limits of liability becomes: compulsory traffic accident liability insurance liability limit (after February 1, 2008)
vehicles have liability limits in road traffic accidents, death and disability compensation limit : 110,000 yuan, compensation for medical expenses limit: 10,000 yuan, property loss: 2000 yuan.
no motor vehicle liability limits of liability in road traffic accidents, death and disability compensation limit: 11,000 yuan, compensation for medical expenses limit: 1000 yuan, property loss: 100 yuan.
8, documents and signs
June 16, 2006, under the China Insurance Regulatory Commission issued the “Notice on Regulating the compulsory traffic accident liability insurance documents and label management” requirement, the insurance company to pay high insurance, you should use the CIRC the supervision of cross-strong insurance to pay high insurance documents and signs.
documents briefly to pay high insurance business process
to pay high insurance document refers to the insured and the insurance company signed legal documents to prove the existence of compulsory insurance contractual relationship.
into strong insurance documents insurance, insurance and fixed single batch of three categories. Which pay high insurance insurance and batchSingle must be a single computer; pay high insurance policy can be manually fixed a single, but must be truthful makeup into the computer system in seven working days. In addition to farm tractors and motorcycles can use the fixed insurance policy, other vehicles must be insured to pay high insurance policy.
strong insurance policy, the policy fixed by the original and duplicate components. Original retained by the insured or the insured person, including a copy kept by the business, financial and kept by public security departments retained joint. Public security departments should be kept by the insurance company to pay the insured or the insured after the stamped, when its registration, inspection and other public security departments in the public security traffic control department retained.
sign
Traffic Insurance sign means in accordance with relevant laws and regulations, the insurance company issued to the applicant to prove their identity has been insured compulsory insurance.
strong insurance mark is divided into two kinds of built-in and portable. Insured vehicle has a front windscreen should use the built-in insurance sign. Insured vehicle does not have the front windscreen should use portable insurance sign.
Shape-embedded strong insurance flag is elliptical, length 88 mm, width 75 mm. Coating the front side, using the front windshield of the vehicle posted; shape cross-strong insurance portable flag is rectangular, 90 mm long, 60 mm wide, rounded corners, can be easily placed with the use of in card or driver’s license.
9, strong narrow deductible range
in a strong insurance claims range, only four conditions embodiments are deductible
(a) the driver has not obtained a disqualified of;
(b) driver drunk;
(c) the insured motor vehicle accident during a robbery;
(iv) the insured person deliberately traffic accidents.
compulsory insurance compensation for a broader scope, any damage caused to a third party (in this car, the people in the car besides), whether or not there is responsibility, are subject to compulsory insurance compensation range. Compulsory insurance covers death and disability compensation, medical expenses and property damages of three parts, and the implementation of sub-limits payment system, divided into specific responsibility to payCompensation and no responsibility for compensation both cases, the maximum payment amount corresponding to is not the same. According to relevant regulations, if the insured liability, the death and disability compensation limit of 110,000 yuan; medical expenses compensation limit of 10,000 yuan; property loss compensation limit is 2000 yuan. If the insured no responsibility when death and disability compensation limit of 11,000 yuan; medical expenses compensation limit is 1000 yuan; property loss of 100 yuan.