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The abnormal increase in compensation for compulsory insurance caused by the bad judicial environment is the main reason for the loss. First, many innocent car owners simply don't know how much this factor accounts for; The regulatory authorities are only vague about judicial sensitive issues and dare not say it directly. Therefore, the price increase of insurance premium has become the best means to cover up all internal causes!
insurance association of china (hereinafter referred to as "China Insurance Association") released yesterday the data of compulsory insurance business, showing that in 21, compulsory insurance * * * underwritten 11 million motor vehicles, with a premium income of 84.5 billion yuan. The amount of compensation is 62.1 billion yuan. Indemnities account for 73% of premium income, so the loss of compulsory insurance depends entirely on the amount of indemnity expenditure. The average compensation for compulsory insurance cases has increased from 3,498 yuan in the first half of 27 to 4,93 yuan in the second half of 21, an increase of 41%, which is much faster than the growth rate of national GDP and national income. This is a very abnormal phenomenon. This shows that abnormal factors are interfering with the payment of compulsory insurance. Through the investigation by the author to several insurance companies, it is found that most of the compensation for compulsory insurance is paid after being handled by the court, so whether the court decision is reasonable will inevitably become the key to the profit and loss of compulsory insurance.
since the implementation of the road traffic safety law on July 1, 26, the traffic police department has gradually freed itself from accident mediation, and a large number of traffic accident disputes have flocked to the courts. Many grass-roots courts have specially set up civil courts or traffic courts to deal with traffic accidents. When the court tried the cases of disputes in traffic accident compensation, many new trial ideas appeared, which often violated the regulations on compulsory insurance, and even the grass-roots courts directly determined that the regulations on compulsory insurance were illegal and did not apply them, resulting in the insurance company paying an excessive price. Mainly manifested in the following aspects: First, it is not judged according to the breakdown limit of compulsory insurance. Take Weifang Court in Shandong Province as an example. If the medical expenses of the three parties are 9, yuan, the court will exceed the medical expenses limit of 1, yuan and decide that the insurance company will bear 9, yuan. In this case, the insurance company will lose 8, yuan more, which is equivalent to the premium of 8 private cars. What's more, the property losses of tens of thousands of yuan are also judged to be fully borne by the compulsory insurance, and the property loss limit is only 2, yuan, so it is impossible to judge that the compulsory insurance will not lose money. This situation is particularly prominent in Weifang, Shandong, Shijiazhuang, Hebei and other places, resulting in serious losses of various insurance companies. Second, the insurance company was also awarded compensation of 122, yuan in case of no liability of the insured vehicle. The regulations stipulate that the amount of insurance in the case of no liability is only 12,1 yuan. The court ruled that the insurance should pay about 11, yuan more; Third, the driver of the insured car is undocumented and drunk, and the insurance company is also sentenced to full compensation. In the reply No.42 (29) of Minlitazi, the Supreme People's Court has already determined that the insurance company can only bear the medical expenses of 1, yuan at the highest in the case of unlicensed drunkenness, but most courts in the country have not yet implemented it and still ruled that the insurance company should bear the responsibility. Fourth, the court's guiding ideology of "high is not low" leads to high compensation costs. In many local courts, under such guidance, the examination of evidence has been relaxed, and judges have tried their best to calculate the losses of the three into the compensation for compulsory insurance. The compulsory insurance is like an elephant that has been squeezed dry and is dying.
due to the improper law enforcement concept of the court, the cases that were not compensated originally were compensated, and the cases that should be compensated less were overpaid, which broke the risk balance of compulsory insurance and undermined the operating rules of the insurance industry, and losses were inevitable. In view of this serious problem, Ren Jianguo, a representative of the National People's Congress, submitted a proposal to the National People's Congress, including the Proposal on Formulating Judicial Interpretation of Compulsory Insurance for Motor Vehicle Traffic Accidents. Ren Jianguo believes that, on the surface, not applying the provisions of the Compulsory Traffic Insurance Regulations to make a judgment can enhance the economic interests of individual litigants, but the selective application of laws and regulations violates the provisions of laws and administrative regulations, which affects the unity of the legal system, and is not conducive to the fair and just protection of the rights and interests of all policyholders and insured persons for obviously unfair, a litigant who did not participate in the litigation. However, at present, we have not seen the positive response from the relevant departments, but it is getting worse.
the judicial environment will not change, and the premium rate can only be increased. Therefore, in order not to raise prices, we must manage the court's decision.
This public judgment borrowed by the author is a typical unreasonable judgment, but the two motor vehicle compulsory insurance underwriting companies that are not responsible have to compensate the drivers who are fully responsible for escaping without a license, completely reversing the black and white, completely ignoring the provisions of the Compulsory Insurance Ordinance, and what is the difference from the thinking of the Peng Yu case? . According to this unconventional judgment, it is a myth that the compulsory insurance will not lose money.
Document reference: Announcement on the limit of compulsory insurance
The death and disability compensation limit is 11, yuan;
the compensation limit for medical expenses is 1, yuan;
the compensation limit for property losses is 2, yuan;
when the insured has no responsibility, the compensation limit for death and disability without responsibility is 11, yuan; No liability medical expenses compensation limit for 1 yuan; The compensation limit for the loss of irresponsible property is 1 yuan.