People's Republic of China promulgated by Decree No. 630
Is now published on the State Council on revising the compulsory traffic accident liability insurance for motor vehicles decision of the Ordinance, as of March 1, 2013.
Prime Minister Wen Jiabao
December 17, 2012 the State Council on amending the decision of compulsory traffic accident liability insurance for motor vehicles regulations
Decision of the State Council to the compulsory traffic accident liability insurance for motor vehicles regulations read as follows: An article shall be added, as the 43rd: "trailers do not insure against compulsory traffic accident liability insurance for motor vehicles. Road traffic accident resulting in personal injury, property damage, and covered by the towing vehicle insurance company within the limits of compulsory traffic accident liability insurance for motor vehicles compensation; lack of parts, tractor and trailer side in accordance with the law of liability.
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This decision shall take effect on March 1, 2013.
The compulsory traffic accident liability insurance for motor vehicles regulations in accordance with provisions of this decision be modified accordingly and the order adjusted accordingly, republished.
Regulations on compulsory traffic accident liability insurance for motor vehicles
(March 21, 2006 People's Republic of China promulgated by Decree No. 462, released March 30, 2012, the State modified the compulsory traffic accident liability insurance for motor vehicles Ordinance decision revised December 17, 2012 for the first time the State Council on amending the motor vehicle road accident responsibility compulsory insurance Ordinance of the decision on the second amendment) Chapter I General provisions
First in order to safeguard the motor vehicle road traffic accident victims to be compensated according to law, promoting road traffic safety, in accordance with the People's Republic of China Law on road traffic safety, the People's Republic of China insurance, this Ordinance is enacted.
Article in the People's Republic of China territory of roadworthiness of motor vehicles owners or managers shall be in accordance with the People's Republic of China on road traffic safety act insured compulsory traffic accident liability insurance for motor vehicles.
Compulsory traffic accident liability insurance for motor vehicles insurance, compensation and supervision and management, and application of this regulation.
Article compulsory traffic accident liability insurance for motor vehicles mentioned in these regulations refers to by insurers to the insured vehicle caused by road traffic accidents the car people, other than the insured victims of personal injury, death, property damage, within the limit of liability in compensation for compulsory liability insurance.
Article fourth State insurance supervision authority (hereinafter referred to as the China insurance regulatory Commission) the law on compulsory traffic accident liability insurance for motor vehicles insurance business supervision and management. Public security organs traffic management departments, agriculture (agricultural machinery) competent authorities (hereinafter referred to as motor vehicle Management Department) should be in accordance with the motor vehicle to participate in monitoring the implementation of compulsory traffic accident liability insurance for motor vehicles inspection.
Did not attend compulsory traffic accident liability insurance for motor vehicles motor vehicles, motor vehicle Management Department shall not be registered motor vehicle safety inspection bodies shall not be tested.
Public security organs traffic management and traffic police in the investigation and handling of road traffic safety violations and road traffic accidents, they shall check compulsory traffic accident liability insurance for motor vehicles insurance sign.
Chapter II cover
Fifth insurance company approved by the China insurance regulatory Commission, can be engaged in compulsory traffic accident liability insurance for motor vehicles business.
In order to ensure the implementation of the system of compulsory traffic accident liability insurance for motor vehicles, the China insurance regulatory Commission has the right to require insurance companies to engage in compulsory traffic accident liability insurance for motor vehicles business.
Without the approval of the China insurance regulatory Commission, no unit or individual is allowed to engage in compulsory traffic accident liability insurance for motor vehicles business. Sixth compulsory traffic accident liability insurance for motor vehicles the implementation of an integrated insurance and basic insurance rate.
By CIRC in accordance with compulsory traffic accident liability insurance for motor vehicles operating on the whole principle of no profit no loss and approval rates.
China insurance regulatory Commission at the time of approval of premium rates, you can employ the relevant professional bodies to evaluate, you can hold a hearing to listen to public views.
Article seventh compulsory traffic accident liability insurance for motor vehicles insurance business should be managed separately from the other insurance business, accounted for separately.
Insurance company insurance should be a year of compulsory traffic accident liability insurance for motor vehicles business verified and announced to the public under general insurance compulsory traffic accident liability insurance for motor vehicles business profit or loss, or may be required to allow insurance companies to adjust premium rates.
Adjust the range of premium rate, the China insurance regulatory Commission shall conduct a hearing. Eighth insured motor vehicle not road traffic safety violations and traffic accidents, insurance companies should next year to reduce its rates. In the following year, insured motor vehicle is still not for road traffic safety violations and traffic accidents, insurance companies should continue to reduce its insurance rates up to minimum standards. Insured vehicle road traffic safety violations or road traffic accidents, insurance companies should raise their insurance rates next year. Repeated violation of road traffic safety, road traffic accident, or serious road traffic accidents, insurance companies should increase the rate of the premium range. In a road traffic accident through no fault of the insured failing to raise their insurance rates.
Lower or raise the premium rate standards, formulated by the China insurance regulatory Commission in conjunction with the Police Department.
Nineth CIRC, public security departments of the State Council, the State Agriculture Department and other relevant departments shall gradually establish the motor vehicle road accident responsibility compulsory insurance of road traffic accidents, road traffic safety violations and information sharing mechanism.
Article tenth policyholders in insurance coverage, should choose to engage in compulsory traffic accident liability insurance for motor vehicles business qualifications of the insurance company, was chosen the insurers could not deny or delay in underwriting.
Insurance should be engaged in compulsory traffic accident liability insurance for motor vehicles business qualified insurance companies to the public.
11th policyholders should tell important to insurance companies.
Important matters including vehicle type, label type, identification codes, license plate number, and the nature and the motor vehicle owner or manager's name (name), gender, age, residence, identity card or driver's license number (Organization code), before the renewal of motor vehicle accidents and other matters stipulated by the Circ. 12th when signing a contract of compulsory traffic accident liability insurance for motor vehicles, the applicant shall pay all the premiums paid; the insurance company shall be issued to the policyholder the insurance policy or insurance sign.
Signs should indicate the policy number, insurance policy, insurance license number, term of insurance, the insurance company's name, address, and claim number.
The insured should be placed on insured motor vehicle insurance sign. Insurance sign style national unity. Insurance policy or insurance sign produced by the China insurance regulatory Commission.
No unit or individual shall forge, alter or insurance policy or insurance sign using forged or altered.
13th when signing a contract of compulsory traffic accident liability insurance for motor vehicles, the insured person shall not be in addition to the insurance clauses and premium rates, attach other conditions to the insurance company's requirements.
When signing a contract of compulsory traffic accident liability insurance for motor vehicles, the insurance company may compel the insured insurance for commercial contract and request for attaching additional conditions.
14th insurance company may terminate the contract of compulsory traffic accident liability insurance for motor vehicles, but the applicant fails to perform the obligation except on important matters.
Applicant fails to perform the obligation on important matters, the insurance company before the termination of the contract, it shall notify the applicant, the applicant shall, from the date of receipt of the notification within the 5th to fulfil the obligation; the applicant to fulfil the obligation within the time limit mentioned above, the insurance company may terminate the contract.
Article 15th motor vehicle road accident responsibility compulsory insurance contract is terminated should recover insurance policy and signs, and notify the motor vehicle administration.
16th the insured may terminate the contract of compulsory traffic accident liability insurance for motor vehicles, except in the following circumstances:
(A) the motor vehicle is insured in accordance with the cancellation of registration;
(B) the insured motor vehicle handling suspended;
(C) loss of the insured vehicle by public security organs confirmed.
Article 17th compulsory traffic accident liability insurance for motor vehicles prior to the termination of the contract, the insurance company shall, in accordance with the contract of insurance.
Contract, the insurance company may be charged from the date of commencement of the insurance liability until the date of termination of the contract of insurance, insurance premium refund for the remainder of the insured.
18th insured motor vehicle ownership transfer, should go through the modification procedure of compulsory traffic accident liability insurance for motor vehicles contract.
19th motor vehicle road accident responsibility compulsory insurance contract expires, the applicant should be renewed in a timely manner, and provide the insurance policy of the previous year.
Article 20th compulsory traffic accident liability insurance for motor vehicles insurance period is 1 year, but any of the following circumstances, the insured person can insure short-term compulsory traffic accident liability insurance for motor vehicles:
(A) the temporary entry of foreign motor vehicles;
(B) temporary on-road motor vehicle;
(C) the provisions of the motor vehicle from the retirement period less than 1 year;
(D) other circumstances as stipulated by the Circ.
Chapter III compensation
21st the insured vehicle caused by road traffic accidents the car people, other than the insured victims of personal injury, death, property damage, according to law by the insurance company within the limits of compulsory traffic accident liability insurance for motor vehicles for compensation.
Loss of road traffic accidents are caused by the victim intentionally, insurers are not compensable.
Of the 22nd under any of the following circumstances, the insurance company within the limits of compulsory traffic accident liability insurance for motor vehicles to advance rescue expenses, and shall be entitled to recourse against the offender:
(A) driving without a driving licence or drunk;
(B) the insured motor vehicle accident during a robbery;
(C) the insured person's deliberate creation of road traffic accidents.
Of any of the circumstances listed in the previous paragraph, road traffic accidents, causing property losses of the victims, insurance companies would not be liable. Article 23rd compulsory traffic accident liability insurance for motor vehicles nationwide uniform limit of liability.
Limit of liability is divided into death and disability compensation limits, limit compensation for medical costs, property loss compensation limit and no obligation in a road traffic accident the insured limits.
Compulsory traffic accident liability insurance for motor vehicles the limitation by the China insurance regulatory Commission in conjunction with the public security departments, health authorities, the Agriculture Department under the State Council. 24th State social aid funds for establishment of a road traffic accident (hereinafter Fund).
When one of the following cases, personal injury to the victim's funeral in a road traffic accident costs, partial or total strangers, from the bailout Fund to advance, fund management institutions shall be entitled to recourse against the responsible road traffic accidents:
(A) the rescue expenses exceeding the limits of compulsory traffic accident liability insurance for motor vehicles liability;
(B) the accident did not attend compulsory traffic accident liability insurance for motor vehicles;
(C) a motor vehicle accident after escaping.
25th relief sources of funds include:
(A) in accordance with compulsory traffic accident liability insurance for motor vehicles insurance extraction of a certain percentage of funds;
(B) the insured motor vehicle is not in accordance with the provisions of compulsory traffic accident liability insurance for motor vehicles owners, Manager of a fine;
(C) aid to the road accident fund management institutions responsible for recovery of funds;
(D) Rescue Fund yields;
(E) other funds.
26th rescue specific measures for the administration of the Fund, by the financial Department of the State Council in conjunction with the China insurance regulatory Commission, State Department of public security departments, health authorities, the Agriculture Department under the State Council to develop pilot.
27th the insured motor vehicle road traffic accident, the insured or the victim notifies the insurance company, an insurer shall respond immediately and inform the insured or the victim compensation program and other related matters. Article 28th of the insured motor vehicle road traffic accident, the insured to apply for indemnity from insurance companies.
An insurance company shall from the date of receipt of the application for compensation within the 1st and notify the insured needs to provide insurance and compensation related to the certificates and information.
29th insurance company provided by the insured shall receive certificates and information on the date in the 5th, as to whether the insurance liability to approved, and will inform the insured; not part of the insurance liability, shall state the reasons in writing; the insurance liability, and indemnity agreement is reached in the 10th after the insured, indemnity.
30th the insured and the insurance company to pay for controversial, you can apply for arbitration or initiate litigation to the people's Court according to law. 31st insurance indemnity to the insured or indemnity to the victims directly.
However, rescue the injured need insurance companies to pay or advance rescue expenses, insurance company, after receiving notice from the public security organs traffic management departments, verification shall be promptly paid to medical institutions or advance rescue expenses.
Rescue the injured need help rescue fee of advances from the Fund managers, fund management institutions after receiving notice from the public security organs traffic management, verification shall be promptly paid rescue expenses to medical institutions.
32nd medical institutions should refer to the relevant State Council departments in charge of health organizations in the development of clinical guidelines for diagnosis and treatment, rescue and treatment of the injured in road traffic accidents.
Article 33rd indemnity or advance rescue expenses from insurance companies, fund management institutions to advance rescue expenses, need to verify the information to relevant departments, medical institutions, and medical agencies shall cooperate with the relevant departments.
34th insurance companies, fund management institutions for the privacy of the Parties shall be kept confidential.
35th road traffic accident damages items and standards in accordance with the relevant provisions of that law.
The fourth chapter penalty
36th article without Circ approved, illegal engaged in motor vehicle traffic accident responsibility forced insurance business of, by CIRC be banned; constitute crime of, law held criminal; is not constitute crime of, by CIRC confiscated illegal proceeds, illegal proceeds 200,000 yuan above of, and at illegal proceeds 1 time times above 5 times times following fine; no illegal proceeds or illegal proceeds insufficient 200,000 yuan of, at 200,000 yuan above 1 million Yuan following fine.
37th article insurance company without Circ approved engaged in motor vehicle traffic accident responsibility forced insurance business of, by CIRC ordered corrected, ordered returned charged of premium, confiscated illegal proceeds, illegal proceeds 100,000 yuan above of, and at illegal proceeds 1 time times above 5 times times following fine; no illegal proceeds or illegal proceeds insufficient 100,000 yuan of, at 100,000 yuan above 500,000 yuan following fine; late not corrected or caused serious consequences of, ordered closed reorganization or revoked business insurance business license.
Article 38th violates the provisions of this Ordinance, any of the following acts, by the China insurance regulatory Commission ordered corrective action and fines of between 50,000 yuan and 300,000 yuan in serious, you can limit the scope of business, shall be ordered to stop accepting new business or revoke the permit to operate insurance business:
(A) the refusal or delay in underwriting compulsory traffic accident liability insurance for motor vehicles;
(B) is not in accordance with the unified insurance clauses and insurance rate engaged in business of compulsory traffic accident liability insurance for motor vehicles;
(C) compulsory traffic accident liability insurance for motor vehicles is not business and managed separately from other insurance business, accounted for separately;
(Iv) forcing policyholder insurance for commercial contract;
(E) the lifting of compulsory traffic accident liability insurance for motor vehicles violation of provisions of the contract;
(F) refuse to fulfill a contractual obligation of indemnity;
(VII) failing to timely payment or advance rescue expenses.
39th motor vehicles owners, managers are not insured pursuant to the provisions of compulsory traffic accident liability insurance for motor vehicles, detained by the public security organs traffic management Department motor vehicle, notify the insured motor vehicle owners, managers, in accordance with the provisions, the minimum liability limit in accordance with the provisions of insurance premiums payable twice times the fine.
The owner of the vehicle replacement, administrator in accordance with the provisions of compulsory traffic accident liability insurance for motor vehicles, motor vehicle shall be returned in a timely manner.
40th place insurance sign on-road motor vehicles are not, the public security organs traffic management authorities should detain a motor vehicle, notify the parties concerned of providing insurance sign or has gone through the appropriate procedures, may be warned or fined a maximum of 20 Yuan and 200 Yuan.
Providing insurance sign or has gone through corresponding formalities, motor vehicle shall be returned in a timely manner.
41st forged, altered or the use of forged or altered insurance sign, sign or other motor vehicle insurance, to be collected by the public security organs traffic management departments, to detain the motor vehicle, fined a maximum of between 2000 Yuan and 200 Yuan constitutes a crime, criminal responsibility shall be investigated according to law.
Party concerned provides corresponding lawful proof or has gone through corresponding formalities, the motor vehicle shall be returned in a timely manner.
The fifth chapter by-laws
42nd article of the Ordinance the meaning of the following terms:
(A) the applicant refers to motor vehicle road accident responsibility compulsory insurance contracts with insurance companies, and in accordance with the motor vehicle owner, is liable to pay the premiums on Contracts Manager.
(B) the insured is insured and allow the legitimate driver.
(Three) rescue costs, is refers to motor vehicle occurred road traffic accident led to personnel injured Shi, medical institutions reference state health competent sector organization developed of about clinical clinic Guide, on life signs not smooth and although life signs smooth but if not take processing measures will produced life dangerous, or led to disability, and organ function obstacles, or led to course obviously extended of injured personnel, take necessary of processing measures by occurred of medical costs. 43rd trailer does not cover compulsory traffic accident liability insurance for motor vehicles.
Road traffic accident resulting in personal injury, property damage, and covered by the towing vehicle insurance company within the limits of compulsory traffic accident liability insurance for motor vehicles compensation; lack of parts, tractor and trailer side in accordance with the law of liability.
44th motor vehicle road traffic accident outside, resulting in compensation for personal injury, death, property damage, these regulations shall apply, mutatis mutandis.
Article 45th people's Liberation Army and the Chinese people's armed police force making up way to attend compulsory traffic accident liability insurance for motor vehicles, shall be determined separately by the Chinese people's Liberation Army and the Chinese people's armed police force.
Article 46th motor vehicles owners, managers, within 3 months from the day of enforcement of this Act cover compulsory traffic accident liability insurance for motor vehicles; before the implementation of this Ordinance, commercial motor vehicle third party liability insurance coverage, the insurance expires, insurance compulsory traffic accident liability insurance for motor vehicles. 47th article of the regulations come into force on July 1, 2006.
