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If you have an accident before the transfer, you can find the original owner to take out the insurance, but if the transfer is made, the insurance will be invalid and you cannot make a claim.
1. Motor Vehicle Insurance.
Motor vehicle insurance is car insurance.
Referred to as car insurance) refers to the motor vehicle due to natural disasters.
or a kind of commercial insurance that is liable for personal ** or property damage caused by accidents.
Motor vehicle insurance, also known as "car insurance", is a kind of transportation insurance that takes the motor vehicle itself and its third-party liability as the subject of insurance.
Its insurance customers are mainly corporate bodies and individuals with various motor vehicles; The subject matter of its insurance is mainly various types of automobiles, but it also includes special vehicles such as trams and battery cars, as well as motorcycles.
2. Commercial insurance.
Commercial insurance refers to a form of insurance that is operated by a specialized insurance company for the purpose of profit through the conclusion of an insurance contract. The commercial insurance relationship is a contractual relationship voluntarily concluded by the parties, in which the policyholder pays insurance premiums to the insurance company according to the contract, and the insurance company bears the responsibility of compensating for the property losses caused by the occurrence of accidents that may occur as agreed in the contract, or bears the responsibility of paying insurance money when the insured dies, is disabled, sick or reaches the agreed age and period. The so-called social insurance refers to the collection of insurance premiums to form social insurance**.
A social security system used to provide basic livelihood security to members of the group who are incapacitated or have lost the opportunity to work due to old age, sickness, maternity, disability, death and unemployment.
3. Traffic accident compensation.
In the event of a traffic accident, the compensation obligor (the perpetrator, the insurance company) is given to the victim.
The items included in the compensation mainly include medical expenses and lost work expenses.
Nursing expenses, transportation expenses, accommodation expenses, hospital meal allowances, and necessary nutrition expenses; If the victim is disabled due to injury, the compensation obligor shall also compensate for the disability compensation, the cost of disability assistive devices, the living expenses of the dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred as a result of ** nursing and continuation**; If the victim dies, compensation shall also be made for funeral expenses.
Living expenses of dependents, death compensation, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters, and the victim or the deceased's close relatives.
Where a person with a right to compensation suffers a moral injury, and requests compensation from the people's court for compensation for moral damages.
When buying a second-hand car, if the original car is insured but the original insurance is automatically invalid after the transfer, the car buyer needs to purchase a new insurance, otherwise the economic losses caused by the accident will not be reimbursed.
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Yes, the vehicle insurance has not expired, and whoever drives in an accident can make a claim, as long as there is no drunk driving, and the procedures are complete.
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It should be ok. However, it is necessary to have the materials and cooperation of the original owner.
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Everyone also knows that the second-hand car market is still relatively promising in China, and many people want to buy a cheaper car when they buy a car, so second-hand cars have become a more inclined choice for everyone. I have bought a second-hand car, and the other party has already passed the house, but the insurance is still the original owner's, once a traffic accident occurs, how should I make a claim?
If your car has been transferred, then the insurance is still in accordance with the original license plate for insurance compensation, if the insurer is your name then the insurance company is normal, so the insurance will also carry out normal claims, the ownership of the motor vehicle has changed, the insurance company will be in accordance with the corresponding contract for the insurer to bear the corresponding responsibility. However, the name of this insurance is not yours, but the original owner's, so it will be more troublesome for everyone to make a claim.
If the name on the insurance is still the original owner, not your name, then there is a traffic accident, the insurance company will definitely not make a claim, because the insurance company is also in accordance with the contract, but after the traffic accident, the insurance company will compensate for the insufficient part within the scope of responsibility, and the parties will bear the corresponding liability for compensation, so if you want to make a claim, you must change the insurance beneficiary of the insurance company. You can ask the original owner to go with you to the insurance company to make the change, and after the change, you can make a normal claim.
If you don't change the insurance contract of the insurance company, then once you have a traffic accident, it will cause your rights and interests to be very damaged. Therefore, you must pay attention to some issues when buying a second-hand car, and the insurance must also be transferred accordingly, otherwise it will affect your own rights and interests, and you can make a claim in accordance with the insurance company's contract after the change.
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In the event of an accident, the claim will be made by the owner, and the owner of the household has changed, so the problem of the vehicle is the responsibility of the owner.
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If you have purchased a second-hand car and have passed the ownership, but the insurance is from the original owner, then if an accident occurs, it will be compensated to the original owner, and you will not be compensated.
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If there is a car accident, the owner of the car is responsible, because you are the party to the accident, so you are responsible.
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In the event of an accident, you can ask the insurance company to compensate, because the insurance follows the car and has nothing to do with the owner.
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In such a situation, it is generally based on the original insurance, because the insurance is still not invalid at this time.
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1. What should I do if the second-hand car insurance is the original owner's accident?
1. If the ownership of the motor vehicle is changed, and the insurance company has a traffic accident, it will also bear the corresponding responsibility for the insurer in accordance with the corresponding contract. However, the name of this insurance is not my own, but the original owner's, so it will be more troublesome in the process of making a claim.
2. Legal basis: Article 1210 of the Civil Code of the People's Republic of China.
If the parties have transferred and delivered the motor vehicle by sale or other means, but have not been registered, and the damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.
2. What are the precautions when handling insurance transfer?
1. The place where the insurance transfer is handled: in the case of general rolling, the place where the insurance is purchased and the insurance transfer must be the same; If the vehicle insurance is purchased in another city or province, and the information is complete, the staff of the local insurance company can assist the customer to contact the relevant departments of the insurance company in other cities for correction;
2. Information required for insurance transfer: ID card of the original owner and new owner, driving license of the new owner, vehicle registration certificate, compulsory traffic and commercial insurance policies;
3. Since the commercial insurance is voluntarily purchased by the original owner, the ownership belongs to the original owner, so the original ID card of the original owner of the original car owner is required to obtain the consent of the original owner of the original car when the commercial insurance is transferred;
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In the event of a traffic accident, the owner will definitely need to compensate for it, and it is also possible that the person who sold it to the owner will compensate, so it must be transferred after the sale.
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There should be no way for insurance to work, so it is not beneficial to both parties, and there is no way to pay.
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If there is a traffic accident, you should look for some professional people, and you should also look for the original owner.
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Whether it is a new car or a used car, you must purchase Xingxiao Nai insurance before you can legally go on the road. Among them, the insurance of the second-hand car will also be transferred to the name of the current owner when the ownership is transferred. The insurance cost of the second-hand car in the first year (not the year of transfer) is calculated according to the original price.
Commercial insurance, on the other hand, depends on the preferential measures of the insurance company in the current quarter and the type and amount of insurance chosen by the car owner. Under normal circumstances, the original insurance of the second-hand car has not expired, after completing the transfer of the second-hand car to receive a new license plate number and driving license, the buyer and seller can handle the insurance transfer procedures, the second-hand car insurance transfer is free of any handling fees, and the relevant processes and materials are relatively simple. At the same time, the insurance after the transfer is calculated according to the type of insurance purchased by the original owner, and has not changed, but there will be changes in the re-purchase of part of the insurance after the insurance expires.
The transfer of vehicle insurance requires the new and old car owners to fill out an application form for the transfer of car insurance at the location of the original insurance company, which indicates the insurance policy friend number, license plate number, name of the new and old car owners and the reason for the transfer. After signing or stamping, bring the original insurance policy and driving license, find the business management department where the insurance company is located, and the staff will show an endorsement form for changing the insured and fill in the insurance according to the above requirements.
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After selling a second-hand car without transferring ownership, the insurance company shall bear the liability for compensation according to the contract.
Legal basis: "The Supreme People's Court on the Trial of Road Traffic Accidents in the Spring and Vertical Reforms."
Interpretation of Several Issues Concerning the Application of Law in Damages Cases
Article 23 Where the ownership of a motor vehicle changes during the validity period of the compulsory traffic insurance contract, and the insurance company claims to be exempted from liability for compensation on the grounds that the motor vehicle has not gone through the formalities for changing the compulsory traffic insurance contract after a traffic accident occurs, the people's court shall not support it.
In the event of an increase in the degree of danger caused by the modification or change of the nature of use of the motor vehicle during the validity period of the compulsory traffic insurance contract, the party concerned shall request after a traffic accident.
Where the insurance company compensates within the limits of liability, the people's court shall support it.
In the circumstances of the preceding paragraph, if the insurance company separately sues and requests the insurance obligor to make up the current insurance premium in accordance with the re-verified insurance premium standard, the people's court shall support it.
Compulsory insurance for motor vehicle traffic accident liability.
Chapter III of the Regulations.
Article 21.
If a road traffic accident occurs in the insured motor vehicle and causes personal and property losses to the victim other than the vehicle personnel and the insured, the insurance company shall compensate within the liability limit of the compulsory insurance for motor vehicle traffic accident liability in accordance with the law.
If the damage caused by the road traffic accident is intentionally caused by the victim, the insurance company will not compensate for it.
Article 22 In any of the following circumstances, the insurance company shall pay the rescue expenses in advance within the limits of the compulsory insurance liability for motor vehicle traffic accident liability, and shall have the right to recover compensation from the victim
1) The driver has not obtained driving qualifications or is intoxicated;
2) The accident is caused during the theft and robbery of the insured motor vehicle;
3) The insured intentionally causes a road traffic accident.
In any of the circumstances listed in the preceding paragraph, if a road traffic accident occurs, causing property losses to the injured person, the insurance company shall not be liable for compensation.
Extended reading: [Insurance] How to buy, which one is better, teach you to avoid these insurance"pits"
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Legal Analysis: It is sufficient to provide the insurance company with the sale and purchase agreement between you. If the ownership of the insured motor vehicle is transferred, the formalities for changing the compulsory insurance contract for motor vehicle traffic accident liability shall be completed.
Legal basis: Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability
Article 12 When signing a compulsory insurance contract for motor vehicle traffic accident liability, the policyholder shall pay all the insurance premiums at one time as soon as possible; The insurance company shall issue an insurance policy and an insurance mark to the person who invests in the celebration of the sun. The insurance policy and insurance logo shall indicate the insurance policy reputation chain number, license plate number, insurance period, name, address and claim number of the insurance company.
The insured shall place an insurance mark on the insured motor vehicle.
The style of the insurance logo is unified across the country. The insurance policy and insurance mark shall be supervised by the China Insurance Regulatory Commission. No unit or individual may forge or alter or use forged or altered insurance policies or insurance marks.
Article 18 Where the ownership of the insured motor vehicle is transferred, the formalities for changing the compulsory insurance contract for motor vehicle traffic accident liability shall be completed.
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Summary. If the name on the insurance is still the original owner, not your name, then in the event of a traffic accident, the insurance company will definitely not make a claim, because the insurance company is also in accordance with the contract, but after the traffic accident, the insurance company will compensate for the insufficient part within the scope of responsibility, and the party will bear the corresponding liability for compensation, so if you want to make a claim, you must change the insurance beneficiary of the insurance company. You can ask the original owner to go with you to the insurance company to make the change, and after the change, you can make a normal claim.
I bought a second-hand car and the ownership has been transferred, but the insurance is from the original owner, how to claim in case of an accident?
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If the insurer is your name, then the insurance company is normal for insurance, so the insurance will also make a normal claim, the ownership of the motor vehicle has changed, and the insurance company will bear the corresponding responsibility for the insurer in accordance with the contract of the bridge stool after the traffic accident. However, the name of this insurance is not yours, but the original owner's, so everyone will be more troublesome in the process of claims.
If the name on the insurance is still the original owner, not your name, then if there is a traffic accident, the insurance company will definitely not make a claim, because the insurance company is also in accordance with the contract, but after the traffic accident, the insurance company will compensate for the insufficient part within the scope of responsibility, and the party Bizao will bear the corresponding liability for compensation, so if you want to make a claim, you must change the insurance beneficiary of the insurance company. You can ask the original owner to go with you to the insurance company to change the appearance of your hands and limbs, and after the change, you can make a normal claim.
The insurance contract is valid, and it is recommended to go through the transfer procedures.
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