The insurance of the state insurance and low compensation for the new car prices insured depreciation price claims

Obviously is a car used for many years, when the insurance is required to pay for the new car purchase price premiums, and in the Chuxian, but in accordance with the depreciation of the large shrinkage claims. 　　Dongtou Property Insurance Co., Ltd. Zhejiang branch of the marketing Department (hereinafter referred to as the state insurance) of this practice, a few days ago, Wenzhou owner of the complaint. "Market leader" reporter learned that Mr. Yang was at the end of 2010 in Andhra Pradesh, for its use for many years Mercedes-Benz E200 sedan Insured "motor vehicle commercial insurance."　　The "Vehicle loss insurance Amount" as stated on the policy is 454,000 yuan for the new car and is not exempt from compensation. January 1, 2012, the car accident, by the state insurance, the scene of the investigation confirmed that the car take full responsibility, and presumed vehicle total loss.　　However, in the settlement, the state insurance not in accordance with the insured amount of 454,000 yuan, but the vehicle depreciation after the value of more than 190,000 yuan to pay. Mr Yang is quite puzzled and points out that when the vehicle is insured, the state insurance, when the insured vehicle has been used for more than 4 years, then the owner of the car was asked to insure against the purchase price of the new vehicle by $45.4, and the premium was paid in accordance with the actual value of the depreciation.　　In his view, such practices seriously infringe upon the legitimate rights and interests of consumers. Subsequently, Mr. Yang to Wenzhou Dongtou County the Consumer security Committee to make a complaint. Dongtou County After the intervention investigation, the relevant people told the reporter, the state insurance in the contract with consumers there are many problems. First of all, there is no special disclosure obligation for a custom-made contract which is unfavourable to the consumer in terms of the actual value of the vehicle and not according to the insured value, which violates the provisions of article 39th of the Contract law-the use of a form clause to enter into a contract,　　The party providing the format clause shall follow the principle of fairness in determining the rights and obligations between the parties and adopt a reasonable way to draw the other party's attention to the exemption or limitation of its liability, and to explain the provision in accordance with the requirements of the other party. The person said that Mr. Yang and the state insurance (micro-BO) agreed with the motor vehicle loss insurance is 454,000 yuan, regardless of the exemption.　　When the terms of the agreement conflict with the format clause, the agreed terms shall also be fulfilled in accordance with the agreed priority principle. In addition, the Consumer Insurance Committee also believes that the state insurance in the knowledge that the consumer insured vehicles have been used for more than 4 years, but in the contract to require consumers to buy the new car to insure the purchase price, And in the terms of the contract stated that the motor vehicle loss insurance amount of 454,000 yuan, so that consumers mistakenly think that the total loss, is in accordance with the amount of insurance compensation.　　This shows that the state-insured insurance premiums higher than the actual value of vehicles, there are fraudulent consumers subjective intent. Although the Dongtou County, the two sides have been mediating, but the two sides finally failed to agree.　　The CC said it would support further consumer activism. Some insiders pointed out that vehicle insurance "high protection and low compensation" is the industry "unspoken rules." In 2009, when the Insurance Law was amended, a clause had been added: The insured amount exceeds the insured value, and the insurerThe corresponding premium should be refunded.　　March 14, 2012, China's Insurance Industry association also issued the Model provisions of motor vehicle commercial insurance, to change the vehicle insurance "high guarantee and low loss" insurance, but this model clause has no implementation date. The owner of Mr. Yang's insurance rights, ultimately can be properly handled? "Market leader" will continue to be concerned.