What Is Third Party Reimbursement?

Third-party liability insurance refers to an insurance that compensates the property of a third party or pays for the personal injury of a third party due to the negligence or negligence of the insured. Third party liability insurance is optional.

Third party liability insurance

In the past, most local governments listed third-party liability insurance as a compulsory insurance insurance. Without this insurance, motor vehicles cannot be licensed and cannot be inspected annually. After the introduction of the compulsory motor vehicle insurance (referred to as strong traffic insurance), third-party liability insurance has become non-compulsory insurance. ^[1]

I. Qualified drivers allowed by the insured: Here are two meanings. One is the driver allowed by the insured, which refers to the insured himself, his spouse and their immediate family members or employees of the insured who have a driving license Or, the driver uses the insured vehicle during the work assigned by the insured, or the insured has an operating lease relationship with the driver using the insured vehicle. The second is qualified, which means that the above-mentioned driver must hold a valid driving license, and the vehicle being driven is in accordance with the quasi-driving class specified in the driving license. Only those drivers who have both the conditions of "allowed" and "qualified" have compensation for the loss caused by the insured accident caused by the use of the insured vehicle. The insured vehicle was driven away privately, or the driver who promised the driver privately without the consent of the owner and the person in charge of the unit to which the insured vehicle belongs, cannot be regarded as a "driver allowed by the insured". , The insurer does not pay compensation.

Second, the process of using insured vehicles: the entire process of using insured vehicles as a tool, including driving and parking. For example, the lifting operation of the insurance crane after the wheels are fixed can be called "the process of using the insurance vehicle".

Third party: In the insurance contract, the insurer is the first party, also called the first party; the insured or victim is the second party, also called the second party; except for the insurer and the insured, In addition, the victims of personal injury or property loss due to the accident of the insured vehicle are third parties, also called third parties.

4. Personal injury or death: Human body is injured or human life is terminated.

V. Direct damage: An accident of the insured vehicle directly causes the actual damage to the existing property of others at the scene of the accident.

6. Amount of compensation that should be paid by the insured according to law: In accordance with the provisions for handling road traffic accidents and related laws and regulations, the amount of compensation that should be paid according to the liability of the accident for the insured or its qualified drivers.

In China, traffic accidents are generally handled by public security traffic management departments. However, public traffic management departments generally do not accept vehicle accidents that occur at off-highway locations. At this time, you can ask the relevant departments of the local government to study and deal with the road traffic accident according to the regulations. If there are serious differences in the handling opinions of the public security traffic management department or the relevant local government departments, you can submit the case to the court for resolution.

7. The insurer shall compensate in accordance with the provisions of the insurance contract:

1. Provisions of insurance contracts: refer to the relevant provisions contained in insurance documents such as basic insurance clauses, additional insurance clauses, special agreements and insurance approval documents.

2. The insurer does not fully bear the "amount of compensation payable by the insured according to law" unconditionally, and the non-compensation part stipulated in the insurance contract should also be excluded when claiming. ^[3]

Third party liability insurance

Third party liability insurance

Article 1 This insurance contract is composed of insurance clauses , insurance policies , insurance policies , endorsements and special agreements. Any agreement concerning this insurance contract shall be in writing.

Article 2 The motor vehicles in this insurance contract refer to automobiles, trams, and other agreed vehicles that travel within the territory of the People's Republic of China (excluding Hong Kong, Macao, and Taiwan).

Article 3 The third party in this insurance contract refers to the victims under the insured vehicle who, apart from the insured, insured, and insurer, suffered personal injury or property damage due to the accident of the insured vehicle.

Third party liability insurance

Article 4 The insured or his permitted driver has an accident during the use of the insured vehicle, which causes a third party to suffer personal injury or direct damage to property. According to law, the insured shall be responsible for financial compensation, and the insurer shall be responsible for compensation. .

Article 5 With the prior written consent of the insurer, if the insured is brought to arbitration or litigation due to damage to a third party for the reasons listed in Article 4, the arbitration or litigation costs and other expenses paid by the insured shall be covered by The person shall be responsible for compensation; the amount of compensation shall be calculated separately from the liability limit stated in the insurance policy, and the maximum shall not exceed 30% of the liability limit.

Third party liability insurance

Article 6 The insured vehicle causes the following personal injury or property damage, regardless of whether the insured should be liable for compensation in law, the insurer will not be responsible for compensation:

(1) Personal injury or death of the insured and members of his or her family, or loss of all or managed property;

(2) The personal injury or death of the driver of the vehicle and his family members, the loss of all or managed property;

(3) Personal injury or property damage of other persons on the vehicle.

Article 7 The insurer shall not be liable for compensation for economic compensation to a third party for any reason in the following circumstances:

(1) Earthquakes, wars, military conflicts, terrorist activities, riots, seizures, confiscations, government expropriations;

(2) competitions, tests, and repairs and maintenance at commercial maintenance sites;

(3) using insurance vehicles to engage in illegal activities;

(4) Drivers use insured vehicles after drinking, ingesting or injecting drugs, and being anesthetized by drugs;

(5) Evacuation of the accident caused by the insurance vehicle;

(6) Drivers have any of the following situations:

1. The vehicle without a driver s license or the driver s license does not match

2. Others required by the public security traffic management department to drive without a valid driving license;

3. Personnel using various special mechanical vehicles and special vehicles do not have a valid operating certificate issued by the relevant state authority; drivers of commercial buses do not have a valid qualification certificate issued by the relevant state authority.

(7) Drivers who are not allowed by the insured to use the insured vehicle;

(8) The insured vehicle does not have a valid driving certificate;

(9) Towed vehicles that are not insured with third party liability insurance (including trailers) or towed by other vehicles that are not insured with third party liability insurance.

Article 8 The insurer is not responsible for the following losses and expenses:

(1) The accident caused by the insured vehicle caused the third party to suspend business, stop driving, power outage, water outage, gas outage, production outage, communication interruption, and various other indirect losses;

(2) compensation for mental damage;

(3) losses caused by pollution (including radioactive pollution);

(4) Depreciation of the property of the third party due to changes in market prices, and losses due to reduction in value after repair;

(5) The theft, robbery, or looting of insured vehicles causes personal injury or property loss to a third party;

(6) Loss caused by intentional behavior of the insured or driver.

Article 9 Other losses and expenses that are not within the scope of insurance liability.

Third party liability insurance liability limit

Article 10 The limit of liability for each accident shall be 50,000 yuan, 100,000 yuan, 200,000 yuan, 500,000 yuan, 1 million yuan and above 1 million yuan when the insurer and insurer sign the insurance contract. Yuan's grade is negotiated.

Article 11 An insured accident occurs when the main vehicle is connected to the trailer, and the insurer shall be liable for compensation within the liability limit of the main vehicle.