Brief facts of the case

Zhang drove the vehicle on the urban road normally, due to the recent heavy rain, some sections of the road have accumulated water, after wading, causing the vehicle to leak oil, the vehicle was seriously damaged. The accident occurred during the insurance period, and after the incident, Zhang reported the case to the insurance company, and the staff of the insurance company arrived at the scene of the accident to conduct an investigation. A week later, the vehicle involved in the case was sent to the auto repair center by the rescue vehicle, for which Zhang paid maintenance fees, rescue fees and other expenses, and sued the court because the negotiation with the insurance company on the compensation matter was unsuccessful.

The insurance company argued that the accident was caused by the driver driving the vehicle involved in the case into the water, causing the vehicle to stall, which did not belong to the circumstances listed in Article 6 of the comprehensive commercial insurance clause for motor vehicles, and did not fall within the scope of compensation for insurance liability, and the insurance company raised objections to the amount of maintenance fees, and submitted an appraisal application to the court, requesting an appraisal of the causality of the accident, the maintenance items of the vehicle involved in the case, and the reasonableness of the price. The court entrusted an appraisal agency to appraise the maintenance price of the vehicle involved in the case.

Court rulings

Contracts established in accordance with the law are protected by law. Article 13 of the Insurance Law of the People's Republic of China stipulates that an insurance contract established in accordance with law shall take effect upon its establishment.

In this case, the insurance contract signed by the two parties for the vehicle involved in the case was an expression of the true intention of both parties, and the content did not violate the mandatory provisions of laws and administrative regulations, and was legal and valid, and both parties should fully perform their respective obligations in accordance with the contract.

After the insurance contract is established, the policyholder pays the insurance premium according to the agreement, and the insurer begins to bear the insurance liability according to the agreed time. Zhang, as the policyholder and the insured, purchased commercial motor vehicle insurance from the insurance company for all the cars owned by him, and during the insurance period of the water-related accident, the insurer PICC North Branch should bear the insurance liability according to the agreed period.

After the occurrence of an insured event, the insurer shall only bear the necessary and reasonable losses, and at the same time, the necessary and reasonable expenses paid by the insured to prevent or reduce the losses of the insured object shall be borne by the insurer. In this case, Zhang paid 73,190 yuan for vehicle maintenance due to the accident, but the appraisal agency determined that the maintenance fee for the accident was 25,565 yuan and the rescue fee was 3,500 yuan, which belonged to the above-mentioned expenses and should be borne by the insurance company. Therefore, this court ruled that the defendant insurance company should compensate Zhang for a total of 29,065 yuan in maintenance costs and rescue expenses, and not pay for the excess and expanded losses.

Judges interpret the law

Wading insurance is one of the categories of commercial insurance for motor vehicles, and the insurance liability borne by the insurer under this type of insurance is the loss caused by the engine damage caused by the vehicle wading on a waterlogged road or being flooded, and the insured can apply to the underwriting insurance company for compensation for engine damage after the insured accident occurs.

"Water insurance" was originally an additional insurance of motor vehicle commercial insurance, and its relationship with vehicle loss insurance is a complementary relationship, and the "water wading insurance" of the additional insurance is supplemented by the "water insurance" of the additional insurance for the "engine damage" referred to in the exemption of liability for vehicle loss insurance. If the policyholder does not choose the "wading insurance" type of insurance and pays the corresponding premium, and only purchases vehicle damage insurance, the insurer will not make any claims for the insured accidents that occur due to the above circumstances.

After the 2020 auto insurance reform, the original "wading insurance" rider clause was merged into the main insurance. Since then, wading insurance is no longer a separate type of insurance, but is bundled into the car damage insurance, so if the vehicle is flooded due to a natural disaster, the owner can apply to the insurance company for compensation.

When making a claim, different vehicle states also have different claim situations: if the vehicle is in the process of driving, due to water accumulation caused by the stall and unable to drive normally, the owner can call the insurance company to report the accident on the premise of ensuring personal safety, and the insurance company will assign a claims specialist to conduct an on-site investigation and use the vehicle damage insurance to pay compensation. If the owner starts the car a second time and causes damage to the engine, the insurance company has the right to refuse to pay. If the vehicle is flooded while stationary, the owner can contact the insurance company to report the accident after confirming that the cabin is flooded, and the insurance company will assign a claims specialist to conduct an on-site investigation and still use the vehicle damage insurance to pay the compensation.

Links to legal provisions

People's Republic of China Insurance Law (2015)

Article 14

After the insurance contract is established, the policyholder pays the insurance premium according to the agreement, and the insurer begins to bear the insurance liability according to the agreed time.

Article 21

The policyholder, the insured or the beneficiary shall notify the insurer in a timely manner after learning of the occurrence of the insured event. If the nature, cause, and extent of loss of the insured accident are difficult to determine, the insurer shall not be liable for compensation or payment of insurance money for the part that cannot be determined, unless the insurer has known or should have known about the occurrence of the insured accident in a timely manner through other means.

Article 22

After the occurrence of an insured event, when the insurer is requested to compensate or pay insurance money in accordance with the insurance contract, the policyholder, the insured or the beneficiary shall provide the insurer with the certificates and materials that it can provide to determine the nature, cause and extent of loss of the insured accident. If the insurer finds that the relevant certificates and materials are incomplete in accordance with the provisions of the contract, it shall promptly notify the policyholder, the insured or the beneficiary to provide supplementary information in a one-time manner.

Article 57

In the event of an insured event, the insured shall endeavour to take necessary measures to prevent or reduce losses.

After the occurrence of an insured event, the insurer shall bear the necessary and reasonable expenses paid by the insured to prevent or reduce the loss of the insured object; The amount of expenses borne by the insurer shall be calculated separately from the amount of compensation for the loss of the subject matter of the insurance, and shall not exceed the amount of the insured amount.

Judge's tip

Under the heavy rain, resulting in water accumulation on the road, the vehicle drives into the waterlogged road section while driving, causing rainwater to enter the vehicle air intake, or the vehicle parked in the underground garage and other places is damaged due to the water is too deep, no matter what the situation, you should immediately call the insurance company, the insurance company will send staff to conduct on-site investigation after receiving the report, verify the loss of the vehicle, and then rescue, and the insurance company will pay compensation after the repair shop, the insured, and the insurance company determine the specific loss.

If the insurance company cannot arrive at the scene in time, the owner should take photos of the scene and the damage to the vehicle in time to ensure his own safety, so as to assess the damage later. It is worth noting that not all vehicle damage caused by natural disasters such as heavy rain can be compensated, if the vehicle stalls while wading in water, but the driver still starts the second time and causes the engine to suffer secondary damage, the secondary damage part shall be borne by the insured. If the flooded road section has been shown to be closed and the cordon has been pulled, but the owner still forcibly enters the waterlogged road section, the vehicle in this case is damaged, and the insurance company has the right to refuse compensation. Therefore, when the vehicle is damaged due to heavy rain, it is necessary to notify the insurance company in time and rescue according to the requirements of the insurance company, and keep the corresponding evidence during the call in case of emergency.

This article is transferred from the WeChat public account of "Miyun Court", and I would like to express my gratitude.