A few days ago, the Beijing Insurance Regulatory Agency reported a case on its website. The consumer, Mr. Zhang, complained to the Beijing Insurance Regulatory Bureau and reflected that after purchasing the used car, he went to the insurance company to handle the commercial vehicle insurance surrender procedure of the vehicle. The insurance company refused to apply for the surrender on the grounds that the insured was the original owner. Withdrawal procedures; Mr. Zhang believes that after buying a used car and completing the transfer procedures, as long as they get the vehicle's insurance policy, they have the right to apply for surrender from the insurance company, and therefore dissatisfaction with the insurance company refused to surrender, triggering a complaint.
The Beijing Insurance Regulatory Agency stated that the aforementioned dispute between Mr. Zhang and the insurance company essentially involved the issue of ownership of the relevant rights of the insurance contractor after the transfer of the subject matter of the insurance. Article 15 and Article 54 of the "Insurance Law" stipulate that the applicant has the right to apply to the insurance company for the termination of the insurance contract, and the insurance company shall refund the corresponding insurance premium to the insurance company after receiving the application for the surrender of insurance; "Insurance Law" Article 49 stipulates that if the subject matter of the insurance is transferred, the assignee of the subject matter insured inherits the rights and obligations of the insured.
According to the above provisions, in this case, after Mr. Zhang purchased the used car and completed the vehicle transfer formalities, he only inherited the rights of the car insured to claim the insurance accident compensation from the insurance company; the original owner is still the applicant and has the right to apply to the insurance company. Surrender and obtain corresponding premium. Therefore, Mr. Zhang’s request for surrender was not supported by the insurance company.
In this regard, the Beijing Insurance Regulatory Bureau reminded consumers that if they encountered the same situation as Mr. Zhang, they wanted to apply for a commercial vehicle insurance surrender after buying a used car. They should contact the original owner and go to the insurance company to go through the formalities for changing the policy insurer. The relevant documents such as the original insurance policies and the approval documents shall be properly kept so that the insurance company can obtain support from the insurance company when applying for surrender of commercial vehicle insurance.
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