How to compensate for the loss of spontaneous combustion of a vehicle How to compensate for spontane

After the accident, some private car owners who had previously taken out motor vehicle damage insurance applied to the insurance company for compensation, but a considerable number of the damaged vehicles could not be compensated; Although some vehicles have been compensated, the amount of compensation is only 80% of the amount of loss. In this regard, many car owners expressed their incomprehension.

Actually, the question is quite simple. Vehicle spontaneous combustion loss insurance is only an additional type of motor vehicle loss insurance, and the owner can only insure the vehicle spontaneous combustion loss insurance on the basis of motor vehicle loss insurance. Whether or not to insure the additional insurance is fully in accordance with the wishes of the car owner.

Therefore, many car owners do not take out this additional insurance in order to save money, and they will not be compensated for spontaneous vehicle combustion accidents in the future. Because it is clearly stipulated in the liability exemption part of the insurance clause for the loss of the car for family use, the insurance company is not responsible for compensating for the loss and expenses of the insured motor vehicle caused by spontaneous combustion and unexplained fire.

As for some car owners who have insured the additional insurance, they have not received full compensation after the spontaneous combustion accident, the fundamental reason is that the additional insurance also clearly stipulates in the list that the absolute deductible of the additional insurance is 20. In other words, you can only get compensation for 80% of the amount of the loss. These are clearly stated in the insurance contract, and the policyholder will understand them at a glance as long as they read them carefully.

In order to effectively safeguard the rights and interests of insurance consumers and eliminate their worries, policyholders should pay attention to three elements when applying for insurance: first, vehicle spontaneous combustion loss insurance is an additional insurance for vehicle loss insurance, and an important premise is that only vehicles insured with vehicle loss insurance can be insured with this insurance; Second, in the process of using the motor vehicle with spontaneous combustion loss insurance, the loss of the insured vehicle due to the failure of the vehicle's electrical appliances, wiring, and fuel supply system and the combustion of the goods carried by itself, as well as the necessary and reasonable rescue expenses incurred by the insured in order to reduce the loss of the vehicle in the event of an accident for which this insurance liability occurs, the insurance company will pay compensation according to the actual loss of the vehicle within the insured amount specified in the insurance policy. In the event of a total loss, the actual value of the vehicle at the time of the accident shall be compensated within the insured amount specified in the insurance policy, and the absolute deductible rate of the insurance shall be 20%; Thirdly, the insurance company shall not be liable for compensation for the loss of electrical appliances, wiring, fuel supply system and the goods themselves caused by the insured's intentional acts in the process of using the insured vehicle due to the violation of the vehicle safety operation rules such as manual direct oil supply and open flame baking, or the loss of electrical appliances, wiring, fuel supply system and the goods themselves due to spontaneous combustion.

How does the insurance company pay for the spontaneous combustion of the vehicle?

Legal analysis: After the car burns, it is necessary to call the police immediately and request the local fire brigade to issue a "Fire Cause Determination". According to the "Fire Cause Determination"**, the cause of the fire accident is requested to the party involved in the fire accident.

If it is due to spontaneous combustion due to the quality of the vehicle, the owner can ask the manufacturer for compensation.

If the vehicle is insured for spontaneous combustion, the vehicle shall be notified to the underwriting insurance company in a timely manner if the vehicle spontaneously combusts. If the vehicle is insured with spontaneous combustion insurance, the insurance company will compensate according to the contract if the car spontaneously combusts. Within 48 hours of the occurrence of the insured event, if the policyholder fails to report the case, the insurance company has the right to refuse to pay the claim.

Legal basis: Article 4 of the "Motor Vehicle Insurance Rider Clauses" stipulates that when the insured claims from the insurer, he must provide the insurance policy, driving license, original invoice for car purchase, vehicle purchase surcharge certificate, car key, as well as the certificate of theft and robbery case issued by the public security criminal investigation department at or above the county level in the place where the accident occurred and the vehicle has been stopped.

Legal Analysis: Methods of Claiming Spontaneous Combustion of Automobiles: 1. How to Determine Spontaneous Combustion.

After the car burns, the first thing to do is to call the police in time and request the fire department to issue a "Fire Cause Determination". The "Fire Cause Identification Certificate" issued by the fire department is generally beneficial to the owner in terms of the first cause identification, and it often becomes an important evidence for the owner to claim that the vehicle has quality problems in the initial stage. Secondly, the owner needs to negotiate with the manufacturer, and the two parties can entrust the Quality Inspection Bureau to conduct identification, even if the Quality Inspection Bureau can not identify, you can also entrust other qualified appraisal centers to conduct identification.

As for the fees incurred by the appraisal, the principle of who applies for it is the one who pays it, but the consumer can negotiate with the dealer to pay half of the fee. If it is indeed a quality problem, the consumer has the right to request that the appraisal fee be borne by the manufacturer. 2. If you have taken out spontaneous combustion insurance, you should notify the insurance company in time after the spontaneous combustion of the car.

The vehicle is insured with spontaneous combustion insurance, and the owner of the car undoubtedly gets a protection when the car spontaneously combusts, but the insurance contract generally stipulates that within 48 hours of the insured accident, if the policyholder does not report the case in time, the insurance company has the right to refuse compensation. 3. After the spontaneous combustion of the car, the car dealer should be notified in time. The dealer is the opposite party to the automobile sales contract, and the spontaneous combustion of the car means that the car provided by the dealer may have quality problems, and from the perspective of contract law, the buyer has the obligation to inform the dealer of the quality problems of the spontaneous combustion of the car within a reasonable time.

In practice, the owner of the car informs the dealer of the spontaneous combustion of the car in a timely manner, which is conducive to reducing the dealer's doubts, which undoubtedly increases the possibility of future negotiation and settlement. Therefore, for accidental spontaneous combustion, if it is indeed caused by the design failure of the product itself, it is theoretically possible to obtain compensation through the dealer or car manufacturer, rather than the first intuitive perception of many users is the insurance company. 4. It is best to sue for infringement disputes when protecting rights.

If a vehicle spontaneously combusts, it can be sued as a dispute over a sales contract or as a tort dispute, and if a lawsuit is filed against a dispute over a sales contract, the owner generally bears the burden of proof to prove that the car has quality problems. In actual litigation, if the car owner sues in this way, he will face the burden of evidence that cannot directly lead to losing the lawsuit. If a lawsuit is filed in an infringement dispute, the dealer bears the burden of proof to prove that the car does not have quality problems, which is more conducive to the car owner to improve the winning rate.

Legal basis: Article 4 of the "Motor Vehicle Insurance Rider Clauses" stipulates that when the insured claims from the insurer, he must provide the insurance policy, driving license, original invoice for car purchase, vehicle purchase surcharge certificate, car key, as well as the certificate of theft and robbery case issued by the public security criminal investigation department at or above the county level in the place where the accident occurred and the vehicle has been stopped.

Compensation for spontaneous combustion of automobiles:1If you have taken out spontaneous combustion insurance, you should notify the underwriting insurance company in time after the spontaneous combustion of the vehicle.

The insurance company will pay the corresponding amount of compensation within the limit of the insurance. After spontaneous combustion, notify the insurance company in time to prevent the insurance company from refusing to pay after the time limit. 2.

Spontaneous combustion of a car may be a quality problem of the car itself, which should be notified to the car dealer in time, and it can be resolved through negotiation or direct litigation. If it is resolved by litigation, it can be sued as a dispute over a sales contract or as a tort dispute. After appraisal, it can be determined whether it is a problem of the car itself, and the car dealer and the car manufacturer can be jointly and severally liable as co-defendants.

The payment of compensation after compensation is a matter of internal negotiation between the seller and the producer.

Legal basis: Article 4 of the "Motor Vehicle Insurance Rider Clauses" stipulates that when the insured claims from the insurer, he must provide the insurance policy, driving license, original invoice for car purchase, vehicle purchase surcharge certificate, car key, as well as the certificate of theft and robbery case issued by the public security criminal investigation department at or above the county level in the place where the accident occurred and the vehicle has been stopped.

Article 21 of the Insurance Law of the People's Republic of China The policyholder, the insured or the beneficiary shall notify the insurer in a timely manner after knowing the occurrence of an insured event. If the nature, cause, and extent of loss of the insured accident are difficult to determine, the insurer shall not be liable for compensation or payment of insurance money for the part that cannot be determined, unless the insurer has known or should have known about the occurrence of the insured accident in a timely manner through other means.

Legal analysis: After the car spontaneously combusts, you can apply for compensation in accordance with the following procedures: 1. Call the police in time and ask the fire department to issue a certificate of fire cause, with which it can be determined that the car is spontaneously combusted, rather than the cause of the car sliding and crashing into the owner itself; 2. The owner negotiates with the manufacturer and entrusts the appraisal unit to appraise; 3. If there is spontaneous combustion insurance, notify the insurance company first and apply for compensation; 4. Notify the car dealer in time to explain that the vehicle provided has quality problems and protect its rights.

Legal basis: Model Clauses for Commercial Insurance of Motor Vehicles of Insurance Association of China Article 4 When the insured claims against the insurer, it must provide the insurance policy, driving license, original invoice for car purchase, certificate of surcharge for vehicle purchase, car key, as well as the certificate of theft case issued by the criminal investigation department of the public security at or above the county level in the place of danger and the procedures for the vehicle to be stopped.

Insurance Law of the People's Republic of China Article 17 For the clauses exempting the insurer from liability in the insurance contract, the insurer shall, when concluding the contract, make a reminder sufficient to attract the attention of the policyholder on the insurance policy, insurance policy or other insurance certificate, and make a clear explanation to the policyholder in written or oral form of the content of the clause; If there is no reminder or clear explanation, the clause shall not be effective.

After the vehicle spontaneously combusted, the police should be called in time, and the fire department should issue a fire cause determination to determine whether the car was spontaneously combusted; Then the owner negotiates with the manufacturer, entrusts the appraisal unit to identify the final spontaneous combustion insurance, and should first notify the insurance company to apply for a claim; Finally, notify the car dealer in time that there is a quality problem with the vehicle provided.

【Legal basis】Yun Sakura

Article 23 of the Insurance Law stipulates that after receiving a request for compensation or payment of insurance money from the insured or beneficiary, the insurer shall make an assessment in a timely manner; Where the circumstances are complicated, an approval shall be made within 30 days, unless otherwise agreed in the contract. The insurer shall notify the insured or beneficiary of the verification results; For those who are liable for insurance, the obligation to compensate or pay insurance money shall be fulfilled within 10 days after reaching an agreement with the insured or beneficiary to compensate or pay insurance money. If the insurance contract stipulates the time limit for compensation or payment of insurance money, the insurer shall perform the obligation of compensation or payment of insurance money in accordance with the agreement.

If the insurer fails to perform the obligations provided for in the preceding paragraph in a timely manner, it shall compensate the insured or the beneficiary for the losses suffered thereby, in addition to paying the insurance money. No unit or individual may illegally interfere with the insurer's performance of the insurer's obligation to compensate or pay insurance money, nor shall it restrict the right of the insured or beneficiary to obtain insurance money.

If it is indeed a quality problem, the consumer has the right to request that the identification cost be borne by the manufacturer, if the spontaneous combustion insurance has been insured, after the spontaneous combustion of the car, the insurance company should be notified in time, and the insurance company will pay compensation.

[Legal basis].

Article 22 of the Regulations on the Registration of Motor Vehicles.

After the occurrence of an insured event, when requesting compensation or payment of insurance money from the insurer in accordance with the insurance contract, the policyholder, the insured or the beneficiary shall provide the insurer with the relevant certificates and materials that it can provide to confirm the nature, cause and extent of loss of the insured event.

If the insurer considers that the relevant certificates and materials are incomplete in accordance with the provisions of the contract, it shall promptly notify the policyholder, the insured or the beneficiary to provide additional information in a one-time manner.

Article 48.

At the time of the occurrence of an insured event, if the insured does not have an insurance interest in the subject matter of the insurance, he shall not claim compensation from the insurer.