Court: private "network about" about car accident insurance exclusions-NET-IT information

Today, many private car owners in his spare time runs "car", "express", and earn extra money. But when accidents do? A few days ago, Qidong Nantong courts hearing such cases, private car owners Lee using private cars to run "special train", "express", resulted in a single traffic accident, was identified as fully. Lee changed the use of private cars that do not meet when the insurance contract, significantly increases the risk of vehicles, so the Court ruled that the refusal of insurance companies.

On July 2 last year, Lee bought a second-hand car, Qidong, whose friend Ko related material to a, Ke a delegate to help him handle the insurance procedures. After the Lee on more than one network platform driver is registered users, usually run in their spare time, "express", "car" business, a month, Lee carried more than 20 times. On August 13, Lee through a network platform and take a contact, agree to take a service designated location travel, the software automatically calculates the fare is 8. After receiving the gu, vehicles are in the way, Lee distractions, did not see a big hole in the road ahead, even with the cart directly into the pit, led front flat tire, car was seriously damaged. Designated by the traffic Police Department, Lee bears full responsibility for the accident. After the accident, the insurance company staff to the scene to carry out investigation and do talk to passengers taking a record.

In September of the same year, after evaluation, vehicle maintenance costs about 100,000 yuan, Lee sought compensation from the insurance company. Insurance companies believe that Lee engaged in operating the private car, with declared insured case, denial of claims. Lee then appealed to the Court, order the insurance company to pay the maintenance costs.

Qidong Court believes that Lee, from buying a car to just more than one month of the accident have been for profit-making purposes, travel through the network platform carried more than 20 times, he changed the nature of vehicle, belonging to the operational activities, significantly increases the risk of driving the vehicle. According to the People's Republic of China insurance law provisions of 52nd, significant increase in the insured risk, the insured shall be in accordance with the contract, notify the insurer. The insured fails to fulfil the obligations of notification because insurance had increased their risk of an insured accident, the insurer shall not assume responsibility for indemnity.

In that case, Lee turned to vehicles used to operate passenger of the private car as the subject-matter insured, he should have known such behavior increases the risk of the insured vehicle, so has the obligation to inform the insurance company by insurance companies decide whether to increase insurance costs. Because Lee did not fulfil the obligation, therefore, the loss of traffic accidents caused by vehicles shall be borne by him; his requires insurance companies to settle claims for vehicle maintenance costs of claims, court not to support it.

Judge

Vehicle operating properties do not meet the stipulated in the insurance contract

Contract as a contract of insurance, insured according to the applicant informed of the situation, assess the level of risk and decide whether to cover and how much to charge premiums. Upon conclusion of the contract, if the level of risk increases, the probability of the occurrence of the insured exceeded a reasonable prediction of when concluding the insurance contract, if still before the insurance contract requires insurance companies to assume insurance responsibility, is unfair to insurance companies. So, if an insured caused by substantially increases the risk, the insurance company right to refuse the claim.

In this case, Lee as a vehicle expressly agreed in the contract for household and non-operating vehicles, in actual use, but repeatedly the subject of vehicles used for passenger profit, which significantly changed the nature of vehicle, vehicle is significantly increased the level of risk and does not perform the obligation of notification, so the insurance company refused to pay compensation under the law.

Needs to be emphasized is that only in the event of an insured accident is the subject of the degree of risk "significant increases" result, exempting only insurance companies.

法院：私家车"网约"出事保险公司可拒赔 - 网约车 - IT资讯

如今，很多私家车主在闲暇时间跑“专车”“快车”，赚点外快。可一旦出了交通事故怎么办呢？日前，南通启东法院就审理了这样一起案件，私家车主李某用私家车跑“专车”“快车”，结果造成单方交通事故，被认定为全责。因为李某改变了私家车的用途，不符合当初投保时合同规定的情形，明显增加了车辆风险，所以法院裁定，保险公司可以拒赔。

去年7月2日，启东市民李某买了一辆二手车，其把相关材料交给朋友柯某，委托柯某帮他办理该车的保险手续。事成之后，李某在多个网络出行平台注册了司机用户，平时利用业余时间跑“快车”“专车”业务，一个月下来，李某载客20余次。同年8月13日，李某通过某网络出行平台与顾某联系，约定将顾某送达指定地点，出行软件自动计算出车费为8元。接到顾某后，在车辆行驶途中，李某注意力分散，未看见道路前方有个大坑，连人带车直接栽入坑中，导致前轮爆胎，车头严重损毁。经交警部门认定，李某承担事故的全部责任。事故发生后，保险公司工作人员至事故现场进行勘察，并对乘客顾某做了谈话笔录。

同年9月，经过估价，车辆维修费用约为10万元，李某要求保险公司赔偿。保险公司认为，李某将私家车从事营运，与投保时申报情况不符，拒绝理赔。李某遂诉至法院，要求判决保险公司支付其车辆维修费用。

启东法院审理认为，李某从买车至事故发生仅一个多月时间，已经以营利为目的，通过网络出行平台载客20余次，他的行为改变了车辆的使用性质，属于营运行为，明显增加了车辆的行驶风险。根据《中华人民共和国保险法》第52条的规定，保险标的的危险程度显著增加的，被保险人应按照合同约定，及时通知保险人。被保险人未履行通知义务的，因保险标的的危险程度显著增加而发生的保险事故，保险人不承担赔偿保险金的责任。

在该案中，李某将原本以私家车作为保险标的的车辆用于营运载客，他应当知道这种行为会增加保险标的车辆的危险程度，所以负有向保险公司告知的义务，由保险公司决定是否增加相应投保费用。由于李某未履行告知义务，所以，这次交通事故导致的车辆损失应当由他自己承担；他要求保险公司对车辆维修费用进行理赔的诉讼请求，法院依法不予支持。

法官说法

车辆运营性质改变了不符合保险合同约定

保险合同为双务合同，保险人依据投保人如实告知的情况，评估危险程度而决定是否承保以及收取多少保险费用。合同订立后，如果危险程度增加，保险事故发生的概率超过了订立保险合同时的合理预估，如果仍然按照之前保险合同的约定要求保险公司承担保险责任，对保险公司是显失公平的。所以，若因危险程度增加而引发保险事故，保险公司有权拒绝理赔。

在本案中，李某在为车辆投保时合同上明确约定车辆为家用而非营运，在实际使用过程中，却多次将保险标的车辆用于载客营利，其行为明显改变了车辆使用性质，显著增加了车辆危险程度，且并未履行通知义务，故保险公司拒绝赔偿于法有据。

需要强调的是，只有发生的保险事故是因保险标的危险程度“显著增加”而导致时，保险公司才可免责。