Motor Vehicle "high Insurance And Low Compensation" From The Perspective Of Insurance Value

In the case of old cars and new insurance,insurance consumers and insurance companies have very different attitudes towards the “high insurance and low compensation” industry practice.There are also contradictions in the court’s judgments.Some courts recognize the purchase price of a new car as the insurance party’s agreement on the value of the insurance.Accordingly,the insurance contract is recognized as a fixed-value insurance and the judgment of “high insurance” should be “high compensation”;The purchase price is the amount of insurance agreed by the insurance parties rather than the insurance value.At the same time,according to the nature of motor vehicle insurance,such insurance is recognized as unvalued insurance and the judgment of "high insurance" should also be "low compensation".From the perspective of insurance value,this article starts from the theoretical issues of insurance value,clarifies the meaning and evaluation criteria of insurance value,and further distinguishes between fixed-value insurance and indefinite value insurance.By clarifying the focus and substance of the disputes between the parties on "high insurance and low compensation" in insurance practice,collating the court’s reasons for such cases,it is concluded that "whether the purchase price of a new car should be determined as the insurance value a greed by both parties" Whether the insurance contract involved in the "low compensation" dispute is fixed-value insurance or indefinite-value insurance)is the essential reason for "different judgments in the same case".Comparing the actual situation of "new car purchase price" with fixed value insurance,the insured will insure at the new car purchase price."New car purchase price" is only the amount of insurance determined by the parties and not the agreed insurance value.Such insurance does not meet the fixed value The formal requirements for insurance "agreement and recording the value of insurance" and the criteria for the identification of the essential requirements for "post-assessment difficulties",and these types of insurance are deemed as fixed-value insurance with "moral hazard" and other hazards,so The purchase price of a new car is non-valued,and the insurance contract involved in the "high insurance and low compensation" dispute is an unvalued insurance contract.In terms of the relationship between the loss compensation principle and "high insurance and low compensation",on the one hand,the loss compensation principle,as the basic principle of the insurance law,is compulsory for all property insurance,and the vehicle damage insurance involved in the "high insurance and low compensation" dispute is For typical property insurance,the principle of loss compensation should be applied unconditionally.The insurance company only needs to compensate the insured’s actual losses.The “high insurance and low compensation” is insured at the purchase price of the new car,which has a non-valued value.The insurance contract involved is not a fixed value insurance but an invariable value insurance.make up.Therefore,in the case of old cars and new insurance,the insurance company "high insurance" should "low compensation".Although the author recognizes the practice of high insurance and low compensation,the insurance company should refund the overpaid insurance premium to the policyholder to correct the problem of unequal rights and obligations.In order to avoid disputes caused by "high insurance and low compensation",future insurance companies may consider setting up "partial loss insurance" and "full loss insurance" for insurance consumers when they are involved in auto insurance products.