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What should I do if it rains? I miss you so much and dare not call you. I can't find the reason. This may be the inner monologue of many driver friends in rainstorm. The claim for vehicle damage in rainstorm is a big problem for many people, and it is also a problem that people urgently need to understand.
Under what circumstances can a flooded car receive insurance compensation? What are the situations where insurance companies have reasons to refuse compensation? The topic that Lawyer Hu will talk to you about here is: Did you buy water wading insurance when your car was soaked in water? Does the insurance company compensate or not?
1、 How much do you know about water related insurance?
Water wading insurance, also known as engine special loss insurance, provides compensation for engine damage caused by the insured vehicle driving on waterlogged roads or being submerged in water. The premium is generally charged at one thousandth of the insured subject matter.
Water related insurance is currently sold in the form of "additional insurance". So can I get a claim if I only insured for vehicle damage insurance and not for marine insurance?
2、 Case Analysis
Previously, due to continuous rain, Qi encountered water on a certain road section while driving his vehicle, causing damage to the vehicle. The vehicle was insured for vehicle damage insurance. Later, Qi claimed compensation from the insurance company. The insurance company believed that Qi did not purchase engine water immersion insurance and did not compensate for the losses caused by the engine water immersion, which led to a lawsuit.
The court commissioned an assessment of the vehicle damage, with an assessed amount of 192890 yuan, of which 179287.75 yuan was due to engine damage. Later, Qi requested compensation from the insurance company. The insurance company believed that Qi did not purchase engine water damage insurance and did not compensate for losses caused by engine water damage. In addition, the vehicle loss insurance clause stipulated that "engine damage caused by engine water ingress shall not be compensated". The policyholder signed the insurance form to confirm.
After trial, the court found that:
The insurance terms state that engine damage caused by water ingress into the engine will not be compensated, and the insurance company has provided a notice in bold for this exemption clause. The content of the clause is also clearly stipulated, and there are no more than two interpretations. Company A has also stamped the insurance policy to confirm that the insurance company has fulfilled its obligation to provide notice and clear explanation. Therefore, this court determines that the insurance company has fulfilled its obligation to provide notice and clear explanation for this exemption clause, and this exemption clause has legal effect. The insurance company has the right to exempt from liability for engine losses caused by water ingress into the engine.
The compensation claim for the engine loss of Qi's vehicle is not supported.
3、 Lawyer's Analysis
Attention all driver friends:
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If a vehicle is submerged while stationary, as long as it has purchased car damage insurance, even if it has not purchased water wading insurance, the insurance company will still claim compensation. -
However, if the engine is damaged due to water ingress and no water related insurance is taken out, the insurance company is not responsible for compensation.
So, if you purchase water wading insurance, will you definitely receive full compensation? The answer, of course, is also negative.
If the car is flooded and the owner starts the engine again, sucking the outside water into the engine and causing the engine to be scrapped. In this case, engine damage is considered man-made, and even if water wading insurance is purchased, the insurance company will not compensate. Therefore, it is recommended that car owners report accidents as soon as possible and do not attempt to move or start their vehicles.
4、 Lawyer's Reminder
Finally, Lawyer Hu would like to remind all friends of the following points:
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Nowadays, insurance terms are becoming increasingly standardized, and policyholders should carefully read the relevant terms when receiving the policy. They should also read some exemption clauses carefully. If they do not understand them, they should promptly ask the insurance salesperson or relevant professionals, and not blindly sign.
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According to the actual situation of your vehicle, choose or add corresponding insurance types to avoid the phenomenon of not being able to claim compensation in case of losses.
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