Insurance Dispute Hot Spot: Road Traffic Damage Compensation

According to the reporter, after the implementation of the compulsory insurance Ordinance, the insurance companies' litigation volume has increased a lot.

According to statistics of Shandong Insurance Association, 90% of insurance companies have covered compulsory insurance in 2009.

People's insurance company also said that the current amount of litigation for compulsory insurance accounts for more than half of the company's litigation cases.

According to the insurance industry association of Jiangxi Province, in recent years, the loss rate of insurance companies accounts for more than 60% of the total amount of litigation, and the insurance companies' grass-roots institutions are limited to assess the pressure and the right of compensation, unwilling to mediate, resulting in a low mediation rate and a high level of appeals.

Jiangxi Insurance Association official told reporters that in property insurance litigation cases, the main dispute focuses on the road traffic damage compensation.

Aiming at

The opinions and suggestions on the issues concerning insurance contract disputes have been heard by the Jiangxi provincial court on the opinions of all parties, which stipulate that the twenty-second insurance companies shall bear the liability of advance payment only within the sub limit of medical expenses, and the loss of other personal and property shall not be paid without compensation.

The guiding opinions of the Shandong Provincial High Court on the trial of disputes over insurance contracts (draft of discussion) stipulate that insurance companies have significant indications for exemption clauses (such as bold, enlarged, and dissimilar colors). All the exemption clauses are printed separately, with the "Declaration of the insurer". If the applicant has signed and made clear, the insurance company can be generally identified as "clearly stated".

It is learnt that in addition to the insurance law and the judicial interpretation of compulsory insurance, the Supreme People's court is also making judicial interpretations on damages for road traffic accidents.

Yang Lixin told reporters that the judicial interpretation will mainly clarify the contents of two aspects: compulsory insurance; tort liability law; the sixth chapter, there are no provisions in motor vehicle traffic accident liability, such as trailers.

The head of the legal department of the insurance industry association said that the judicial interpretation would have a disruptive impact on the insurance industry, and the insurance company must reengineer the process.