Due to animals caused by damage to the car, the insurance company should not lose? Dongguan summoned car engine damaged by mice spent 16,883 yuan repair only to the insurance company to vehicle design defects cause the rodents from entering the grounds of damage to the engine refuse payment. Mr. Lu suit in the courts, Dongguan City People’s Court held that the claims
of the insurance company did not provide any evidence to prove it, and sentenced to Lvmou vehicle maintenance insurance companies pay the full fee of 16,883 yuan.
The mice damaged automobile insurance company exclusions
At 4:30 p.m. on February 5 about last year, Mr. Lu driving case involving vehicles traveling to Dongguan Humen the Baisha five village sections, suddenly heard an abnormal sound, immediately turn off parking cars. Mr. Lu opened the hood off, and found no abnormalities, then call the Automobile Trading Co., Ltd., Dongguan City, Infolink, the company conducted a site inspection, found a mouse stuck in the engine belt, then vehicle towed back to Dongguan City Chun macro Automobile Trading Co., Ltd..
The inspection found serious damage to the vehicle engine, Lu underwent report to insurance companies on the same day. Insurance company staff went to Dongguan City Infolink Automobile Trading Co., Ltd. exploration vehicle damage caused by rats and refuse payment.
Mr. Lu said, May 17, 2011 to the insurance companies compulsory traffic accident liability insurance and commercial insurance, the insurance period since 2011 on May 17, 2011 Between 0000 and until last year, May 16 24 pm, the insurance company should Loss. The two sides at loggerheads over, Mr. Lu ordered the insurance company sued the People’s Court of Dongguan City.
Court the full amount of the insurance companies
The course of a hearing, Mr. Lu, insurance companies have confirmed that the case involving vehicle damage due to rodents card on file belt involving a vehicle engine.
Insurance companies that the case involving vehicle design defects cause the mouse to enter the damaged engine, Mr. Lu should claim to the responsible party.
But Mr. Lu said, repair case involving vehicles paid 16,883 yuan for the car repairs and maintenance checklist and maintenance fee invoice to be proved. The insurance company argued, the Lu underwent petitioned the accident loss is not a loss of vehicle insurance insurance coverage.
Court that, Mr. Lu and insurance companies are recognized the mouse card on file involving a vehicle engine belt result in a case involving damage to the vehicle. The claims of the insurance company did not provide any evidence to prove it, the court in accordance with the law inadmissible.
The court held that Mr. Lu has provided the invoices to prove that the vehicle maintenance fee of 16,883 yuan, the insurance company does not have evidence to the contrary, to refute, the court shall be admissible in accordance with the law. Therefore the Lu underwent petitioned the insurance company to pay vehicle maintenance fee of 16,883 yuan, its legal basis, the court in accordance with the law support. Finally, the court sentenced the insurance company to pay the Lu underwent vehicles maintenance fee of 16,883 yuan.
There is no agreement the damages caused by the animal
It is understood that the case is the first case of Dongguan City People’s Court concluded the animal destroyed car Peifu. The trial judge held that the focus of such cases is not clear in terms of insurance due to animal damage to the car belongs to the insurance liability, and no agreement on the animal to the detriment of the case, whether the insurance company should Peifu Disclaimer.
The judge said the loss of vehicle insurance in the third to sixth convention, but does not expressly agreed vehicle loss caused due to animal reasons to belong to the scope of the exclusion of liability concerns exclusion of liability.
Second, insurance companies used in vehicle damage insurance listed on the reason for the loss of insured vehicles conventions. However, as we all know, the vehicle suffered all the reasons are diverse, there are a variety of possible addition to the reasons listed in the terms of the insurance contract, the insurance company. Insurance companies as the party supplying the standard terms and conditions, you should follow the principle of fairness to determine the rights and obligations between the parties.
Third, because the insurance terms and no mice or animals result in loss of vehicle responsibility expressly agreed, it should be made to explain the adverse party supplying. Loss of vehicle insurance aims was to make up for the loss, in the case of vehicle involved does damage, the insurance company claims, this should be insured vehicles.