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Freelancers can only participate in endowment insurance and medical insurance when buying social security, and bring valid documents to the Social Security Bureau to pay.
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From the perspective of insurance, the Insurance Law stipulates that when the subject of insurance is in danger, the insured shall have an insurance interest in the subject matter, and you are the actual user and owner, and the affiliated company is only the policyholder and the nominal insured, so the owner of the policy should be the actual owner.
However, from the perspective of civil law and contract law, the owner of the affiliated vehicle on the driving license is the affiliated company, and it is also the one who signs the contract with the insurance company, and in the event of an accident, the affiliated company is very likely to become the actual bearer of responsibility (because for the other party after the accident, he can be affiliated or not), and the insurance policy is an important document of the contract, even if the insurance policy is given to you, to some extent, he can also enjoy the relevant rights and interests of the policy.
At the same time, according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents, if a motor vehicle engaged in road transport business activities in the form of affiliation causes damage caused by a traffic accident, it is the responsibility of one party to the motor vehicle, and the people's court shall support the request of the parties that the sponsor and the affiliated person bear joint and several liability. It can be seen from this that the affiliated company also needs to bear the corresponding responsibility.
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From the perspective of insurance, the Insurance Law stipulates that when the subject of insurance is in danger, the insured shall have an insurance interest in the subject matter, and you are the actual user and owner, and the affiliated company is only the policyholder and the nominal insured, so the owner of the policy should be the actual owner.
However, from the perspective of civil law and contract law, the owner of the affiliated vehicle on the driving license is the affiliated company, and it is also the one who signs the contract with the insurance company, and in the event of an accident, the affiliated company is very likely to become the actual bearer of responsibility (because for the other party after the accident, he can be affiliated or not), and the insurance policy is an important document of the contract, even if the insurance policy is given to you, to some extent, he can also enjoy the relevant rights and interests of the policy.
At the same time, according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Compensation for Damages in Road Traffic Accidents, if a motor vehicle engaged in road transport business activities in the form of affiliation causes damage caused by a traffic accident, it is the responsibility of one party to the motor vehicle, and the people's court shall support the request of the parties that the sponsor and the affiliated person bear joint and several liability. It can be seen from this that the affiliated company also needs to bear the corresponding responsibility.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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Truck anchor company insurance cannot be purchased by yourselfBecause the owner of the truck is attached to the company, and your vehicle license is also registered in the name of the company, so you can only let the company buy insurance, but the cost is generally paid by yourself.
There are two ways to pay the insurance premium, one is to be counted in the affiliation fee, and the other is for the car owner to transfer the money to the account of the affiliated company, and then let the affiliated company buy insurance on behalf of the company.
Characteristics of vehicle affiliation.
1. The four certificates of the "sponsor" are unified, that is, the owner, household, unit and service unit on the driving license of the vehicle purchased by the "sponsor" and the road transport license, driver's license, and commercial road transport driver qualification certificate (four certificates) are unified into the name of the "sponsor"; There is a nominal owner and an actual owner.
2. The "sponsor" pays the management fee to the "sponsor"; The nominal owner does not participate in the operation and does not receive profits.
3. The two parties sign a contract or internal agreement on transportation operation.
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If you can't buy it yourself, why is it better to let the company give money than to give money to the private company, and the affiliated company and the insurance company are clearly grabbing the point of returning the insurance premium every year and not giving it to the private person.
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Legal analysis: It depends on how the contract is constrained, generally speaking, the insurance of the affiliated company cannot be bought by itself, because the owner attaches the truck to the company, and your vehicle driving license is also registered in the name of the affiliated company, so you can only let the affiliated company buy insurance, but the cost is generally paid by yourself.
Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 2 The owner or manager of a motor vehicle driving on a road within the territory of the People's Republic of China shall, in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China, take out compulsory insurance for motor vehicle traffic accident liability.
Article 39 Where the owner or manager of a motor vehicle fails to take out compulsory insurance for motor vehicle traffic accident liability in accordance with the regulations, the traffic management department of the public security organ shall detain the motor vehicle, notify the owner or manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of twice the insurance premium payable in accordance with the minimum liability limit for insurance in accordance with the regulations.
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It depends on how the contract is constrained, generally speaking, the insurance of the affiliated company cannot be bought by itself, because the owner of the truck is attached to the company, and your vehicle driving license is also registered in the name of the affiliated company, so you can only let the affiliated company buy insurance, but the cost is generally paid by yourself. Legal basis: Article 2 of the Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability Article 2 The owner or manager of a motor vehicle driving on the road within the territory of the People's Republic of China shall purchase compulsory insurance for motor vehicle traffic accident liability in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China.
Article 39 Where the owner or manager of a motor vehicle fails to take out compulsory insurance for motor vehicle traffic accident liability in accordance with the regulations, the traffic management department of the public security organ shall detain the motor vehicle, notify the owner or manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of twice the insurance premium payable in accordance with the minimum liability limit for insurance in accordance with the regulations.
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Legal analysis: It depends on how the contract is constrained, generally speaking, the insurance of the affiliated company cannot be bought by itself, because the owner of the car is attached to the company, and the name of the company is also registered with the certificate of your vehicle, so you can only let the affiliated company buy insurance, but the cost is generally paid by yourself.
Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 2 The owner or manager of a motor vehicle driving on the road within the territory of the People's Republic of China shall, in accordance with the provisions of the Road Traffic Safety Law of the People's Republic of China, take out compulsory insurance for motor vehicle traffic accident liability.
Article 39 Where the owner or manager of a motor vehicle fails to take out compulsory insurance for motor vehicle traffic accident liability in accordance with the regulations, the traffic management department of the public security organ shall detain the motor vehicle, notify the owner or manager of the motor vehicle to take out insurance in accordance with the regulations, and impose a fine of twice the insurance premium payable in accordance with the minimum liability limit for insurance in accordance with the regulations.
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Summary. Insurance, insurance refers to the commercial insurance behavior in which the insured pays the insurance premium to the insurer according to the contract, and the insurer bears the responsibility for compensating the insurance money for the property loss caused by the occurrence of the accident that may occur as agreed in the contract, or the insured bears the responsibility of paying the insurance money when the insured dies, is disabled, sick or reaches the age and time limit agreed in the contract. <>
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How to solve the problem if the vehicle is attached to the company and does not give the insurance money, dear, then you can discuss with the company first, and the company still does not give insurance, you can report it. <>
Insurance, insurance refers to the commercial insurance behavior in which the insured pays the insurance premium to the insurer according to the contract, and the insurer bears the responsibility of compensating for the property damage caused by the occurrence of the accident that may cause Kiryu, or the insured bears the responsibility of paying the insurance and lead insurance when the insured dies, is disabled, sick, or reaches the age and time limit agreed in the contract. <>
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