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these days, Mr. Su in Leshan, Sichuan, is very depressed. His car has been flooded in the garage. The once-in-a-century flood of

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attacked Leshan City. Although the garage had taken some measures to avoid danger, Mr. Su’s car still could not escape. The repair shop believes that the loss of Mr. Su’s vehicle should be settled by his insurance company.

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. However, the insurance company told the insured vehicle that it was unable to settle the claim on the ground that “the insurer shall not be liable for compensation during the period of repair, maintenance and modification of the insured vehicle in the business place”. Who is responsible for

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? Mr. Su has been slow to get an answer. Until August 24, after the Red Star News reporter intervened in the interview, the insurance company concerned said that after discussion and research, it believed that the situation of Mr. Su’s vehicle was within the scope of insurance liability and would be given a claim.

Mr. Su’s car was lifted to avoid danger.

flood hit.

cars were soaked in the repair shop.

Mr. Su has a Buick car, which has been more than 10 years old. Although the car is under the name of his relatives, he has been using it all the time. Not long ago, because of a brush and hang, he reported to the insurance company, ready to spray paint on the vehicle.

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used to maintain the car in Zhengyi garage. This time, Mr. Su still chose this garage. On August 12, the car was sent to the garage, and the insurance company came to fix the damage. The compensation amount was 1650 yuan.

Mr. Su thought that he would get the repaired car soon. Unexpectedly, Leshan began a continuous rainstorm weather, vehicle painting repair progress is very slow.

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until the early morning of August 18, Leshan City and several cities in the upstream continued to have heavy rainfall, and the water level of Minjiang River, Dadu River and Qingyi River rose sharply. Sichuan Province and Leshan City successively launched level I flood control emergency response. A once-in-a-hundred-year flood hit Leshan City, even overflowing the toes of Leshan Giant Buddha.

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in this flood, Zhengyi automobile repair plant near the second bridge of Minjiang River was also flooded. It was not until the night of the 18th that the flood slowly subsided. On the morning of the 19th, Mr. Su came to the garage and saw that his car was parked on the lift of the garage, but the traces of the flood showed that even the entire dashboard was completely submerged.

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repair shop, the height of water inflow is the same as Mr. ran. Who is responsible for the flooding of

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to the window glass

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repair shop and insurance company hold their own opinions,

Mr. Su is very depressed: the car has not been repaired, the flood bubble, most of the only scrap. However, what makes Mr. Su even more depressed is that there are serious differences between the repair shop and the insurance company who should be responsible for this. After the

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incidents, the staff of Leshan branch of PICC Property Insurance Company of the vehicle went to see the car. According to Mr. Su, the insurance company said that this situation can not be settled, should be responsible for the repair shop.

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according to Article 8 and item (3) of comprehensive commercial insurance of motor vehicles, the insurer shall not be responsible for any loss and expense of the insured motor vehicle caused by any reason, including: the insured motor vehicle “during the period of competition and test, during the period of repair, maintenance and refitting in the business place”.

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however, repair garages also feel wronged. “It’s not man-made. We’ve done our best to avoid risks.” Before the first flood, they drove the car to the nearby highland to avoid danger, but the car had been parked outside, and there were risks of damage and theft, so he drove the car back to the repair shop. He heard that there was still a flood coming on the 17th, so he lifted the car to a certain height.

according to Mr. ran, but on the 17th, there was water in the street and inside the garage outside the garage. The flood had reached the lower edge of the tire. The factory had no water and power supply, and the back car could not enter the factory. No one had expected that the flood was so big in the early morning of the 18th. “We think that Mr. Su’s car should be covered by the” flood “insurance liability The insurance company will settle the claim. ”

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on August 17, there was serious water accumulation outside the repair shop (arrow)

on the afternoon of August 24, Red Star News reporter and Mr. Su came to Leshan Central District branch of PICC Property Insurance. The relevant person in charge of the company said that according to the “liability exemption” provisions of the insurance clauses, this situation does not belong to the scope of insurance liability. If the insurance company insists on settling claims, it is suggested that Mr. Su can take judicial channels to solve the problem.

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agreed to settle the claim

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agreed to settle the claim. The insurance company changed its view and recognized that it was within the scope of insurance liability. Shortly after the Red Star News reporter and Mr. Su left, Mr. Su received a phone call from the garage and the insurance company, and was told that the insurance company agreed to settle the claim and apologized to him.

later on August 24, Liu Xiaowei, deputy director of the claims center of Leshan branch of PICC Property Insurance, communicated with Red Star News reporters on this matter. Liu Xiaowei said that the “exemption from liability” clause in the insurance clauses was approved by the Bank Insurance Regulatory Commission, and the legality of the clause is certainly not a problem. According to the literal meaning of Article 8 (3), what happened during the maintenance period in the repair shop can not be compensated.

insurance company’s “exemption of liability” clause

“in view of this special situation, we also discussed with the legal department of the superior company.” Liu Xiaowei told the Red Star News reporter that most of the cases encountered in the past were when moving the car in the repair shop, or when the repair staff drove out to hit it. This situation must be borne by the repair factory, but Mr. Su’s case is really very special.

Liu Xiaowei thinks that the repair shop has done its duty to lift up the car, and its greatest ability is to raise the car. However, it is still submerged due to force majeure such as flood, which is reasonable and the true meaning of the termsIn a sense, it should belong to the insurance liability of “flood” in Article 6 (4).

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according to Liu Xiaowei, Leshan branch of PICC met Mr. Su for the first time in a hundred years. The handling personnel in the early stage gave him feedback that he could not claim compensation, which was only understood from the literal meaning of the insurance terms. According to some conventional understanding, Leshan branch of PICC met no compensation during the maintenance period. After discussion and study, the company finally believes that the situation of Mr. Su’s vehicle belongs to the scope of insurance liability, and will pay compensation.

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on the afternoon of August 25, the Red Star News reporter learned from the Leshan branch of PICC Property insurance that since the maintenance amount of the vehicle has been higher than the actual value of the vehicle, there is no repair significance, and it will be treated as scrapped. At present, it has entered the claim settlement process and is in the process of damage determination.

Red Star News reporter Gu aigang photographed and reported

original title: who is responsible for the car being soaked in the flood in the repair shop? The repair shop and the insurance company have their own opinions “