What do you mean, insurance hasn't been licensed yet?

When the insured car is temporarily unlicensed, some insurance companies refuse to pay compensation on the grounds that the car is unlicensed and the insurance contract is invalid; Although some insurance companies also pay compensation, many new car owners are puzzled by the statement that "the payment is not to fulfill the obligation of payment, but to consolidate and stabilize the long-term customer relationship".

In this regard, lawyer Li of a law firm believes that insurance companies should settle claims for the following reasons: According to the relevant provisions of the Contract Law and the Insurance Law, insurance contracts take effect as soon as they are established. In practice, generally speaking, an insurance contract is established and takes effect when an insurance company issues a policy to the applicant, unless otherwise agreed by both parties. Therefore, if the insurance contract does not stipulate that the contract will take effect after the vehicle is licensed, then the insurance contract will take effect when the insurance company issues the policy, and the insurance company should begin to perform the underwriting obligations stipulated in the insurance contract. Obviously, compensation cannot be refused on the grounds that the contract is invalid.

When the insurance company collects the insurance premium, it will include the new car registration period in the insurance period, which of course becomes the true meaning of the insurance company's willingness to insure the subject matter (vehicle) during this period, otherwise it will be suspected of fraud!

When an insurance company refuses to pay compensation, it should not only strictly abide by the exemption clauses stipulated in the insurance contract, but also fulfill the obligation of "clearly explaining" the exemption clauses. In this regard, Article 18 of the Insurance Law stipulates that "these exemption clauses shall not have legal effect if they are not clearly stated". The so-called "clear explanation" means that before signing an insurance contract with the insured, the insurance company agrees to exempt the accident that occurred before the car was registered. It is necessary not only to remind the insured on the insurance policy, but also to explain it to the insured so that the insured can understand the true meaning and legal consequences of the clause. If the insurance company fails to perform the above-mentioned "clear explanation" obligation, the exemption clause in the insurance contract can not only resist the claim of the insured, but also can not be established and take effect according to law, and the insurance company will lose the legal basis for refusing compensation.

An insurance contract is a standard contract, and its clauses are standard clauses (according to Article 39 of the Contract Law, standard clauses refer to clauses drawn up by the parties in advance for repeated use without consultation between the two parties when concluding the contract). Moreover, because the providers of standard clauses set a large number of exemption clauses as standard clauses based on the "advantageous negotiation position", when the two parties to the contract have disputes over the interpretation of such standard exemption clauses, they should follow the principle of interpretation of standard clauses (which also adopts the principle of interpretation of standard clauses). That is to say, when the two parties have disputes over the understanding of the exemption clauses of refusing to pay compensation for an insurance accident before the car is registered in the insurance contract, the law is more inclined to protect the interests of the insured.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.