Special Notice:In order to fully protect your rights and interests, please read this clause carefully.The Compulsory Insurance for Motor V ehic le Traffic Accident provides you with the basic guarantee of the liability risk for damages to victims caused by traffic accidents. Each motor vehicle only demands one compulsory insurance, please don’t conclude contracts with other insurers.
After insuring this insurance, you can insure other motor vehicle insurances.
Compulsory Insurance Clauses of Motor Vehicle Traffic Accident Liability
Number: IAC Clause 1 [2006]
General
Article 1 These Provisions are formulated in accordance with the Law of the People's Republic of China on Road Traffic Safety, the Insurance Law of the People's Republic of China, and the Regulations on Compulsory Insurance for Motor V ehicle Traffic Liability.
Article 2 The contract for Compulsory Insurance for Motor V ehic le Traffic Accident (hereinafter referred to as compulsory insurance) is made up of the current clauses, the insurance application, the insurance policy, endorsements and the special agreement.All agreements relating to compulsory insurance contract shall be in written form.
Article 3 Compulsory insurance rates shall be linked to a floating mechanism related to the violation of Acts of Road Traffic Safety and the traffic accident records of insured motor vehicle.
When signing a compulsory insurance contract, the applicant shall pay all the insurance premiums for a lump sum. The premium shall be calculated in accordance with the compulsory insurance rate approved by the China Insurance Regulatory Commission (hereinafter referred to as the CIRC).
Definition
Article 4 The insured in the compulsory insurance contract refers to the applicant and the permitted lawful driver.
An applicant is the owner or manager of a motor vehicle that has entered into a compulsory insurance contract with the insurer and has the obligation to pay the insurance premium under the contract.
Article 5 The victim in the compulsory insurance contract refers to the person who suffers personal casualties or property losses due to the traffic accident of the insured motor vehicle, but does not include the person on the insured motor vehicle and the insured.
Article 6 The limit of liability in compulsory insurance contract refers to the maximum amount of compensation that the insurer pays to all the victims of the accident suffering personal casualties or property losses. The limit of liability is divid
ed into the death and disability compensation limit, the medical expenses compensation limit, the property damage compensation limit and the insured's compensation limit in the road traffic accident. Among them, the non-liable compensation limit is divided into non-liable death and disability compensation limit, non-liable medical expenses compensation limit and non-liable property damage compensation limit.
Article 7 Rescue expenses in the Compulsory insurance contract refer to the medical expenses incurred from necessary measures taken to deal with those victims whose vital signs are instable or stable according to the guidelines for clinical diagnosis and treatment of trauma for
traffic accident personnel and the national basic medical insurance standards formulated by competent department of health of the State Council, since if the medical institutions do not take measures to deal with those victims, life danger, disability, organ dysfunction, or significant prolongation of the course of disease may occur.
Insurance Liability
Article 8 In the territory of the People's Republic of China (excluding Hong Kong, Macao and Taiwan), the insurer shall be liable for damages in accordance with the law if a traffic accident occurs in the course of using the insured motor vehicle, resulting in personal casualties or property loss to the insured. The insurer shall be liable for compensation for each accident within the following limits of compensation as stipulated in the compulsory insurance contract:
机动车保险条例
(1).The limit of compensation for death and disability is 110,000 Y uan;
(2).The limit for medical expenses is 10,000 Y uan;
(3).The limit of compensation for property damage is 2,000 Y uan;
(4).When the insured is not liable, the non-liable death and disability compensation limit is 11,000 Y uan; the compensation limit for non-liable medical expenses is 1,000 Y uan; the compensation limit for non-liable property damage is 100 Y uan.
Under the death and disability compensation limit and the non-liable death and disability compensation limit, the insurer shall be responsible for the compensation of funeral expenses, death compensation fees, transportation expenses of the relatives of the victims for funeral matters, disability compensation fees, the fee disability aids,, nursing fees, rehabilitation fees, transportation fees, living expenses of dependants, accommodation fees and charge for loss of working time, and the insured shall bear consolation money for mental damage in accordance with the judgment or mediation of the court.
Under the medical expenses compensation limit and the non-liable medical expenses compensation limit, the insurer are responsible for the compensation of medical expenses, diagnosis and treatment expenses, hospitalization expense
s, food allowance for hospitalization, necessary and reasonable follow-up treatment fees, cosmetic surgery fees, nutrition fees.
Advance and Recovery
Article 9 When an insured motor vehicle has a traffic accident in the circumstances of 1 to
4 of this Article, causing injury to the victim and requiring rescue, the insurer shall, after receiving
a written notification from the Traffic Administration Department of the Public Security and a list of rescue expenses issued by a medical institution, verify the case in accordance with the guidelines for clinical diagnosis and treatment of trauma for traffic accident personnel and the national basic medical insurance standards formulated by the Competent Department of Health of the State Council.For the rescue expenses that meet the requirements, the insurer shall pay in advance within the compensation limit of medical expenses. If the insured is not liable in a traffic accident, the insurer shall pay in advance within the compensation limit of the non-liable medical expenses. For other losses and expenses, the insurer is not responsible for advance payment and compensation.
(1) The driver does not have a driver's license;
(2) Drivers who are drunk;
(3) When the insured motor vehicle is stolen and robbed and the accident caused by the theft
or the robber;
(4) The insured intentionally makes a traffic accident.
The insurer has the right to recover the prepaid rescue expenses from the person inflicting injury.
Exemption from liability
Article 10 For the following losses and expenses, compulsory insurance is not liable for compensation or advance payment:
(1) Losses resulting from traffic accidents caused intentionally by the victim;
(2) Losses of the property owned by the insured and the property of the insured motor vehicle;
(3) Traffic accidents occur on the insured motor vehicle, resulting in the losses of the victim caused by the termination of business, vehicle shutdown, power cut, water cut, gas outage, production shutdown, communication or network interruption, data loss, voltage change, and other indirect losses such as depreciation of the victim's property caused by market price fluctuation, loss caused by reduced value after repair, etc.
(4) Arbitration or litigation costs and other related costs arising from traffic accidents.
Period of Insurance
Article 11 Except as otherwise stipulated in national laws and administrative regulations, the insurance period of a compulsory insurance contract shall be one year, which is specified in the insurance policy.
Obligations of the Insurer and the Insured
Article 12 When applying for insurance, the applicant shall fill in the insurance policy truthfully, inform the insurer of important matters truthfully, and provide copies of the driving license and vehicle license of the insured motor vehicle. Important matters include the type of motor vehicle, the type of factory license plate, identification code, license number, usage and the name, sex, age, residence, identity card or driver's license number (organization code)of the owner or the manager of the insured motor vehicle, the accidents occurred on the motor vehicle before renewal of the insurance, and other matters stipulated by the CIRC.
If the applicant fails to faithfully inform the important matters and these matters have an impact on the calculation of the premium, the insurer shall recalculate and collect the premium in accordance with the policy year.
Article 13 when signing a compulsory insurance contract, the policy holder shall not put forward additional requirements
that are beyond the insurance clauses and premium rate.
Article 14 If the policy holder renews the insurance, previous year's compulsory insurance for the insured motor vehicle shall be provided.
Article 15 Within the validity period of the insurance contract, the insured shall notify the insurer the matters in time that can cause the insured motor vehicle to have increased risks due to modification, installation and change of the usage, and shall promptly go through the procedures for correction.Otherwise, the insurer shall recalculate and collect the premium according to the policy year.
Article 16 When a traffic accident occurs on the insured motor vehicle, the insured shall
take reasonable and necessary rescue and protection measures in time, and notify the insurer promptly after the accident.
Article 17 After an insurance accident occurs, the insured shall actively assist the insurer in carrying out on-site investigation and accident investigation.
In the event of arbitration or litigation relating to insurance compensation, the insured shall promptly notify the insurer in written form.
Compensation Processing
Article 18 If a traffic accident occurs on the insured motor vehicle, the insured shall apply to the insurer for indemnity. When the insured claims for compensation, the insurer shall be provided with the following materials:
(1) The insurance policy of compulsory insurance;
(2) An application for compensation issued by the insured;
(3) The valid identity certificate of the insured and the victim, the vehicle license of the insured motor vehicle and the driving license of the driver;
(4) Certificates of accidents issued by the Traffic Administration Departments of Public Security Organs, or relevant legal documents and other certificates issued by the People's Courts and other institutions;
(5) Where the insured chooses to handle traffic accidents through self-negotiation in accordance with relevant laws and regulations, it shall provide an agreement recorded traffic accidents in accordance with the Regulations on Processing Procedures for Traffic Accidents;
(6) Certificate of the degree of property loss, personal disability, relevant medical certificate, list of losses and cost documents of the victim;
(7) Other certificates and information relating to the confirmation of the nature, causes and extent of loss of an insurance accident.
Article 19 After the occurrence of an insurance accident, the insurer shall verify the amount of compensation for personal injury and death within the limit of liability of the compulsory insurance according to the scope, items and standards of compensation as stipulated in relevant laws and regulations of the State and the stipulations of the compulsory insurance contract, and in accordance with the guidelines for clinical diagnosis and treatment of trauma of traffic accident personnel and the national basic medical insurance standards formulated by the Competent Health Department of the State Council.
Article 20 If the injury or death of the victim is caused by an insurance accident, the insured has the right to re-verify the amount of compensation promised or paid by the insured without the written consent of the insurer.
If the property of the victim damaged by an insurance accident needs repairing, the insured shall inspect the damage with the insurer before repairing, and negotiate to determine the items, methods and expenses for repairing or replacing it. Otherwise, the insurer has the right to re-examine within the limit of liability stipulated in the compulsory insurance contract.
Article 21 When an insured motor vehicle has a traffic accident involving the injured victim, and the insurer needs to pay
for the rescue owing to rescuing the victim, upon receipt of a written notification from the Traffic Administration Department of the Public Security Organ and a list of rescue expenses issued by the medical institutions, the insurer can verify the case in accordance with the guidelines for clinical diagnosis and treatment of trauma of traffic accident personnel and
the national basic medical insurance standards formulated by the Competent Health Department of the State Council. For the rescue expenses that meet the requirements, the insurer shall pay the expenses within the compensation limit of medical expenses. Where the insured is not liable in a traffic accident, the insurer shall pay the expenses within the compensation limit of the non-liable medical expenses.
Change and T ermination of the Contract
Article 22 If the ownership of the insured motor vehicle is transferred during the validity period of the compulsory insurance contract, the applicant shall notify the insurer in time and go through the formalities for the change of the insurance contract.
Article 23 The insured may request the cancellation of the compulsory insurance contract in the following three cases:
(1) The registration of the insured motor vehicle is cancelled according to law;
(2) When the insured motor vehicle is suspended;
(3) Loss of the insured motor vehicle confirmed by the Public Security Organ.
After the termination of the compulsory insurance contract, the insured shall timely return the insurance policy and the insurance marks to the insurer; if the insurance marks cannot be returned, the insurer shall be informed of the situation and the insured needs the consent of the insurer.
Article 24 In the event of the cancellation of the compulsory insurance contract by the insured and the insurer specified in the Regulations on Compulsory Liability Insurance for Motor V ehicle Traffic Accidents, the insurer shall collect the insurance premium at the daily rate from the date of the commencement of the insurance liability to the date of the termination of the contract.
Supplementary Articles
Article 25 If the insurance policy does not specify the arbitration institution or the arbitration agreement has not been reached after the dispute has arisen, the case can bring a suit in the People's Court.
Article 26 The law of the People's Republic of China shall apply to the settlement of disputes over compulsory insurance contracts.
Article 27 The matters not covered in this clause shall be implemented in accordance with the Regulations on Compulsory Liability Insurance for Motor V ehicle Traffic Accidents.