Article 1 This insurance contract consists of the terms of insurance, the policy, the insurance policy, the endorsement and the special agreement. All agreements relating to this insurance contract shall be in writing.
The second article of this insurance contract of special vehicles refers to the Chinese people *** and the country (excluding Hong Kong, Macao and Taiwan) in the territory of the travel, for towing, clearing, sweeping, lifting, loading and unloading, lifting, mixing, digging, bulldozing, road roller, etc., a variety of wheeled or tracked special vehicles, or the vehicle is equipped with a fixed special instrumentation for the professional work of monitoring, firefighting, cleaning, medical treatment, television relay, radar, x-ray inspection and other vehicles, unless otherwise agreed.
Article III of this insurance contract refers to the third party in addition to the policyholder, the insured, the insurer, the insured special vehicle accident suffered personal injury or property damage due to the special vehicle under the insurance special vehicle victims.
Article 4: This insurance contract is an indefinite value insurance contract. The insurer in accordance with the underwriting insurance, additional insurance can not be separately underwritten.
Indeterminate value insurance contract refers to the two parties in the conclusion of the insurance contract does not pre-determine the insurance value of the subject matter of the insurance, but in accordance with the actual value of the subject matter of the insurance at the time of the occurrence of the insurance accident to determine the value of the insurance contract.
Insurance Liability
Article 5 Special Vehicle Loss Insurance:
(1) The insurer shall be responsible for compensating for the loss of the insured special vehicle caused by the following reasons during the use of the insured special vehicle by the insured person or his permitted driver or operator:
1. collision, overturning, falling;
2. fire, explosion, spontaneous combustion;
3, falling or collapsing of external objects;
4, windstorms, tornadoes;
5, lightning strikes, hailstones, torrential rains, floods, tsunamis;
6, land subsidence, ice subsidence, cliff avalanches, avalanches, mudslides, landslides;
7, natural disasters suffered by ferries carrying insured special vehicles (limited to those who are accompanied by a driver or operator to take care of the vehicle). ).
(2) In the event of an insured accident, the insured shall bear the necessary and reasonable costs of rescuing the insured special vehicle in order to prevent or minimize the loss of the insured special vehicle, up to the amount of the insured amount.
Article 6: Third Party Liability Insurance:
(1) The insured or its permitted driver or operator shall be responsible for compensating the insured for the financial liability which should be borne by the insured according to the law if the insured or its permitted driver or operator suffers from personal injury or death or direct property damage due to the occurrence of an accident in the process of the insured special vehicle.
(2) With the prior written consent of the insurer, if the insured has been initiated arbitration or litigation due to the damages caused to the third party by the reasons listed in (1) of this Article, the insurer shall be responsible for compensating the arbitration or litigation costs and other expenses payable by the insured; the amount of compensation shall be calculated separately from the limit of liability as stated in the policy, and the maximum amount shall not be more than 30% of the limit of liability.
Exemption of Liability
Article 7 of the following losses and expenses of the insured special vehicles, the insurer is not responsible for compensation:
(a) natural wear and tear, decay, breakdown, tire damage alone;
(b) glass broken alone, no obvious signs of collision body scratches;
(c) artificial direct fuel supply, high-temperature baking caused by the loss;
(iv) loss of insurance liability coverage, without the necessary repairs to continue to use, resulting in the expansion of the loss of the part;
(v) the vehicle standard configuration other than the loss of uninsured additional equipment;
(vi) in flooded exhaust or intake pipe of the water to start, or flooded after the start of the special vehicle without the necessary treatment, resulting in damage to the engine;
(vii) the loss of the engine of the special vehicle, without the necessary treatment;
(viii) the loss of the engine of the special vehicle;
(i) the damage of the engine of the special vehicle. /p>
(vii) loss caused by fall, collapse, impact, leakage of goods carried by the insured special vehicle;
(viii) loss due to inherent mechanical or electrical failure of the implements and equipment fixed on the insured special vehicle.
Article 8: The insurer shall not be liable to pay compensation for personal injury or property damage caused by the insured special vehicle to any of the following third parties, regardless of whether the insured is legally liable to bear the financial compensation:
(a) personal injury or death of the insured and his/her family members, and loss of all or escrowed property;
(b) personal injury or death, and loss of all or escrowed property caused by the driver or operator of this vehicle and his/her family members;
(c) personal injury or death, and loss of all or escrowed property of the insured and his/her family members. family members;
(iii) bodily injury or death or property damage to other persons on the vehicle;
(iv) loss of business, driving, electricity, water, gas, production, communication interruption and other consequential damages of any kind to a third party;
(v) moral damages;
(vi) in the course of operations Damage to property, land, buildings due to vibration, movement or weakening of support and personal injury or death resulting therefrom.
Article 9 of the following circumstances, regardless of any reason for the loss of the insured special vehicles, third-party personal injury or property damage, the insurer will not be responsible for compensation:
(a) earthquakes, wars, military conflicts, terrorist activities, riots, seizure, forfeiture, government expropriation;
(b) competitions, tests, during repair and maintenance of the business maintenance premises;
(c) the insurer will not be liable for the loss of the insured special vehicles, third-party personal injury and death;
(d) the insurance company will not be liable for the loss of the insured special vehicles. p>
(iii) using an insured specialty vehicle to engage in illegal activities;
(iv) using an insured specialty vehicle after the driver or operator has consumed alcohol, taken or injected drugs, or been anesthetized by drugs;
(v) hit-and-run of an insured specialty vehicle;
(vi) the driver or operator has one of the following circumstances:
1. No driver's license or the driving Vehicle and driving license permit type does not match;
2, the public security traffic management department of the other belongs to the absence of a valid driver's license to drive;
3, without a valid operator's license issued by the relevant state departments.
(vii) loss due to pollution (including radioactive pollution);
(viii) theft, robbery, looting, as well as theft, robbery, looting damaged or car parts, ancillary equipment lost or caused by third-party casualties or property losses;
(ix) insurance special vehicles or third-party property due to market price changes caused by the depreciation of the value of the repair (ix) Losses caused by depreciation of the insured special vehicle or third party property due to changes in market prices, repairs, or reduction in value;
(x) Use of the insured special vehicle by a driver or operator who is not permitted by the insured;
(xi) Intentional acts of the insured, driver or operator;
(xii) Dragging or towing of other vehicles or objects by the insured special vehicle (excluding tractor trailer and recovery vehicle).
Article X other losses and expenses not covered by the insurance liability.
Limit of Liability for Insurance Amount
Article 11 The insurance amount of special vehicle damage insurance is determined by the policyholder and the insurer from the following three ways, and the insurer assumes the corresponding liability according to the different ways of determining the insurance amount:
(1) Determined according to the purchase price of a new car of the special vehicle insured at the time of the policy.
The purchase price of a new car in this insurance contract refers to the price of a new car of the same type as the insured specialty vehicle (including vehicle purchase tax) at the place where the insurance contract is signed.
(ii) Determined by the actual value of the insured specialty vehicle at the time of insurance.
The actual value in this insurance contract means the price of a new car of the same type of vehicle minus the amount of depreciation.
Table of Depreciation Rates
Type of Vehicle Annual Depreciation Rate
Mining Specialty Vehicle 12.50%
Other Specialty Vehicles 10.00%
Depreciation is calculated on a yearly basis, and if it is less than one year, no depreciation is charged. The maximum depreciation amount does not exceed 80% of the purchase price of the new vehicle of the insured special vehicle at the time of insurance.
(c) Negotiated within the new car purchase price of the insured specialty vehicle at the time of insurance.
(d) the insured vehicle standard configuration other than the new equipment, should be set out in the insurance contract, the name of the equipment and price list, and according to the actual value of the equipment to increase the amount of insurance. The new equipment is depreciated together with the insured special vehicles.
Article XII of the third-party liability insurance for each accident, the limit of liability, by the policyholder and the insurer in the signing of the insurance contract in accordance with the 50,000 yuan, 100,000 yuan, 200,000 yuan, 500,000 yuan and 1 million yuan of the grades to be determined by negotiation.
Term of Insurance
Unless otherwise agreed, the term of insurance is one year, subject to the starting and ending time stated in the insurance policy.
Obligations of the insurer
Article 14: The insurer shall, at the time of underwriting the insurance, explain to the policyholder the insurance liability, exemption of liability, insurance period, premium and payment method, obligations of the policyholder and the insured.
Article 15 The insurer shall accept the accident report of the insured in a timely manner and conduct investigation as soon as possible.
If the insurer fails to conduct a survey within 48 hours after receiving the report and fails to give an opinion on the acceptance of the report, resulting in undetermined property loss, the insured shall take the photographs of the property damage, the loss list, the proof of the accident and the repair invoices provided by the insured as the basis for the payment of compensation and settlement of the claim.
Article 16 The insurer shall make an approval in time after receiving the insured's claim request.
(1) The insurer shall, according to the nature of the accident and the loss, provide the insured with the claim instructions in a timely manner; after reviewing the claim materials and considering the relevant certificates and information to be incomplete, the insured shall be notified in a timely manner to provide additional relevant certificates and information.
(ii) After the insured has provided various necessary documents, the insurer shall promptly review and approve the claim and promptly notify the insured of the approval result.
(iii) For those that fall under the insurance liability, the insurer shall pay the compensation within 10 days after reaching a compensation agreement with the insured.
Article 17 The insurer shall be obliged to keep confidential the business and property situation of the policyholder and the insured as well as their personal privacy which are known to the insurer in the course of insurance business.
Obligations of the policyholder and the insured
Article 18 The policyholder shall fulfill the obligation of truthful information by truthfully filling out the policy and answering the inquiries made by the insurer.
In the insurance period, the insurance special vehicle modification, retrofitting, etc., resulting in an increase in the degree of danger of the insured special vehicle, the insurer should be promptly notified in writing. Otherwise, the insurer shall not be liable for any insurance accident caused by the increase in the degree of danger of the insured special vehicle.
Article 19 Unless otherwise agreed, the policyholder shall deliver the insurance premiums at the time of the establishment of the insurance contract. The insurer shall not be liable for any compensation for any insurance accident occurring before the delivery of the premium.
Article 20 In the event of an insurance accident, the insured shall take reasonable and necessary rescue and protection measures in time to prevent or minimize the loss, and notify the insurer within 48 hours after the occurrence of the insurance accident. Otherwise, the insurer shall not be liable to pay compensation for the part of the loss which cannot be determined or enlarged.
Article 21 After the occurrence of an insurance accident, the insured shall actively assist the insurer in on-site investigation.
The insured shall provide relevant certificates and information when making a claim.
The insured shall promptly notify the insurer in writing of any arbitration or litigation relating to insurance compensation.
Compensation Processing
Article 22: When making a claim, the insured shall provide the insurer with proofs and information related to the confirmation of the nature of the insurance accident, the cause and the extent of the loss.
The insured shall provide the insurance policy, the list of losses, the relevant expense documents, the license of the insured special vehicle and the driver's or operator's driver's or operator's license at the time of the accident.
If the accident is a road traffic accident, the insured shall provide the accident certificate issued by the public security traffic management department or the court or other institutions, and the relevant legal documents (ruling, decision, mediation, judgment, etc.).
If the accident is a non-road traffic accident or an accident that is not handled by the public security traffic management department, the insurer shall provide the relevant accident certificate.
Article 23 shall try to repair the insured special vehicle or third party property damaged by the insurance accident. Before repair, the insured shall examine with the insurer and negotiate to determine the repair items, methods and costs. Otherwise, the insurer has the right to re-authorize or refuse to compensate.
Article 24 of the insurer based on the insurance special vehicle driver or operator in the accident, the proportion of responsibility for the corresponding liability.
Article 25 of the special vehicle damage insurance according to the following ways to compensate:
(1) according to the insurance special vehicle at the time of the purchase price of the new vehicle to determine the amount of insurance:
1, the occurrence of all the losses, compensation is calculated within the amount of insurance, the insurance amount is higher than the actual value of the insured special vehicle at the time of the insured accident, according to the actual value of the insured special vehicle at the time of the insured accident, compensation is calculated.
2.
2. In case of partial loss, the compensation shall be calculated according to the actual repair cost, but shall not exceed the actual value of the insured special vehicle at the time of the insurance accident.
(2) The insurance amount is determined according to the actual value of the insured special vehicle or the insurance amount is determined by negotiation:
1. In case of total loss, if the insurance amount is higher than the actual value of the insured special vehicle at the time of the insured accident, the compensation will be calculated based on the actual value of the insured special vehicle at the time of the insured accident; if the insurance amount is equal to or lower than the actual value of the insured special vehicle at the time of the insured accident, the compensation will be calculated based on the insurance amount. If the insurance amount is equal to or less than the actual value of the insured special vehicle at the time of the insurance accident, the compensation shall be calculated according to the insurance amount.
2. In case of partial loss, the compensation shall be calculated according to the ratio between the insurance amount and the purchase price of the insured special vehicle at the time of insurance, but shall not exceed the actual value of the insured special vehicle at the time of the insurance accident.
(3) Compensation for salvage expenses shall be calculated in the same manner as (1) and (2) of this Article, in addition to the amount of compensation for the loss of the insured special vehicle, up to the amount of the insurance amount.
If the property to be rescued contains property not covered by this insurance contract, the cost of rescue shall be shared in proportion to the value of the insured special vehicle and the property to be rescued.
Article 26 of the insurance special vehicle suffered a loss of the residual part of the insured, the value of which shall be determined by mutual agreement and deducted from the compensation.
Article 27 After an insurance accident occurs in the third party liability insurance, the insurer will approve the amount of compensation within the limit of liability stated in the insurance policy in accordance with the scope, items and standards of compensation stipulated in the Measures for the Handling of Road Traffic Accidents as well as the agreement of this insurance contract.
The insurer has the right to re-approve the amount of compensation promised or paid by the insured without the insurer's written consent. The insurer shall not be liable for any compensation that is not covered by the insurer or exceeds the amount to be compensated by the insurer.
Article 28 According to the insurance special vehicle driver or operator in the accident is responsible for, the insurer in accordance with the provisions of the agreement on the basis of the calculation of compensation, according to the following deductible deductible:
(a) fully responsible for the deductible rate of 20%, the main responsibility of the deductible rate of 15%, equal responsibility of the deductible rate of 10%, the deductible rate for secondary responsibility of 5%.
(ii) The deductible for single-party accidents is 20%.
A single-party accident is defined as an accident that does not involve compensation for damages related to a third party, but does not include accidents caused by natural disasters.
(3) If the third party should be responsible for compensating for the damage within the scope of insurance liability listed in Article 5 (1) (1), (2) and (3) for the insured special vehicle, and it is really impossible to find the third party, the deductible rate is 20%.
(d) Violation of safe loading regulations, increase the deductible by 5%; the insurer shall not be liable for compensation in the event of an insured accident caused by violation of safe loading regulations.
Article 29 of the insurance special vehicles duplicate insurance, this insurer in accordance with the insurance amount of this insurance contract (limit of liability) and the sum of the insurance amount of each insurance contract (limit of liability) of the proportion of liability.
The Insurer shall not be responsible for advancing the amount of compensation to be borne by other insurers.
Article 30 The insurer's acceptance of the report, on-site investigation, participation in litigation, defense, and provision of professional advice to the insured do not constitute the insurer's commitment to the liability.
Article 31 Under the following circumstances, the insurance contract shall be terminated after the insurer pays the compensation, and the insurer shall not refund the premiums of the special vehicle damage insurance and its supplementary insurance:
(1) the insured special vehicle suffers a total loss;
(2) if the insurance amount is determined according to the actual value of the insured special vehicle at the time of taking out the policy, the sum of the amount of the one-time compensation and the amount of the deductible (not including the (b) If the insurance amount is determined according to the actual value of the insured special vehicle at the time of application, the sum of the one-time compensation amount and the deductible amount (excluding the cost of salvage) reaches the actual value of the insured special vehicle at the time of the insurance accident;
(c) If the insurance amount is lower than the actual value of the insured special vehicle at the time of application, the sum of the one-time compensation amount and the deductible amount (excluding the cost of salvage) reaches the insurance amount.
Article 32 of the third party liability insurance claim amount determined by the insurer and the insured consultation, the insurer will not be liable for the insured's additional claims.
Article 33 After the insured of the third party liability insurance has been compensated, the insurance liability under the insurance continues to be effective until the expiration of the insurance period.
Premium Adjustment
Article 34 When the insurance special vehicle which has not incurred any claims for this insurance and its supplementary insurance in the previous insurance year is renewed and the insurance period is one year, it shall enjoy the premium preference according to the following conditions and methods:
(1) If it has not enjoyed the premium preference for no-claims insurance in the previous insurance year, the ratio of the preference at the time of renewal shall be 10%; and if it has already enjoyed the premium preference in the previous insurance year, the proportion of the preference shall be 10%. If you have enjoyed the premium preference in the previous insurance year, the preference ratio at the time of renewal shall be increased by 10% in addition to the preference ratio in the previous insurance year; the maximum premium preference ratio shall not exceed 30%.
(2) If a vehicle that was entitled to premium preference in the previous insurance year incurs a claim under this insurance and its supplementary insurance, the premium preference ratio at the time of renewal shall be calculated according to the following formula until the premium preference ratio is zero.
Ratio of premium preference at the time of renewal = ratio of premium preference in the previous insurance year - N x 10%
N is the number of claims incurred in the previous insurance year at the time of renewal.
(3) If more than one special vehicle is insured by the same insured, the premium adjustment is calculated separately by vehicle.
(iv) The premium adjustment is calculated on the basis of the premium payable in the renewal year.
The premium payable in this insurance contract refers to the premium calculated in accordance with the rate regulations approved by the insurance regulatory authorities.
Change and Termination of the Contract
Article 35: Any change in the content of the insurance contract shall be made by written consensus between the insurer and the policyholder.
Article 36 During the insurance period, the insured shall notify the insurer in writing of the resale, transfer, or gift of the insured special vehicle to others, and shall go through the approval procedures. The insurer shall not be liable for any compensation for failure to do so.
Article 37 before the start of the insurance liability, the policyholder requests to terminate the insurance contract, the insurer shall pay 5% of the premiums due to the insurer, the insurer shall return the premiums.
After the commencement of the insurance liability, if the policyholder requests to terminate the insurance contract, the insurance contract shall be terminated from the date of notification to the insurer. The insurer shall charge the premium at the short-term monthly rate for the period from the date of commencement of the insurance liability to the date of termination of the insurance contract and refund the remaining part of the premium.
Short-term monthly rate table
Insurance period (months)123456789101112
Short-term monthly rate (%)1020304050607080859095100
Note: If the insurance period is less than one month, it is calculated according to one month.
Dispute Settlement
Article 38 Any dispute arising from the fulfillment of this insurance contract shall be resolved through consultation between the parties concerned.
If the negotiation fails, it shall be submitted to the arbitration committee stated in the insurance policy for arbitration. If the insurance policy does not contain an arbitration organization or if no arbitration agreement is reached after the dispute has arisen, the dispute may be brought to the People's Court of the People's Republic of China*** and the People's Republic of China.
Article 39 The dispute settlement of this insurance contract shall be governed by the laws of the People's Republic of China.
Others
Article 40 The insurer calculates the insurance premiums in accordance with the regulations on motor vehicle insurance rates approved by the insurance supervisory authorities.
Article 41 On the basis of special vehicle damage insurance and third-party liability insurance, the insured may separately take out additional insurance.
If the terms of the additional insurance contradict with the terms of this insurance, the terms of the additional insurance shall prevail; if the terms of the additional insurance are not exhausted, the terms of this insurance shall prevail.
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