China: May The Insurance Company Refuse Compensation In Case That Vehicle Repair Costs Are Much Higher Than Its Market Value (In Chinese)

Last Updated: 12 May 2016
Article by AnJie Law Firm

福建林某驾车时与缪某的小轿车相撞,造成车辆损坏的交通事故。因缪某的车辆修理费高于市值,保险公司拒绝赔偿。近日,福建省福安市人民法院依法判决保险公司按实际维修的价格进行了赔偿。

2014年8月1日18时41分,福安市居民林某驾驶小轿车从福安市区沿国道104线往柘荣县方向行驶,行经事故路段交会车时,越过道路中心线与对向由缪某驾驶的小轿车相撞,造成两车损坏、缪某受伤的交通事故。事故发生后缪某车辆维修费花费68924元。

同年8月27日,福安市公安局交通管理大队作出道路交通事故认定书,认定林某承担事故主要责任,缪某负事故次要责任。

随后,林某找到其所投保的保险公司,要求对方承担理赔责任。但保险公司认为,缪某维修的价格已超过车辆实际价格,而且缪某的车辆损坏,已达到报废程度,不应维修,按报废评估价格42800元计算损失。双方僵持不下,缪某遂于2015年6月24日起诉至福安法院。福安法院审理后认为,缪某的车辆市值虽低于维修价值,且保险公司同意赔偿缪某相当于交通事故发生前被损害车辆评估价值的车辆重置费用,但缪某车辆并没有毁灭,可经修复使用,且修复使用在经济上对缪某更具合理性。

此外,缪某维修车辆从保险公司核损出具的维修项目99项减少到90项,减少了保险公司维修责任,金额虽然高于车辆评估价值,但尚在合理范围内,不属于畸高,是维修车辆恢复正常驾驶状态所需的必要费用。出于对交通事故中当事人选择权的尊重,且保险公司对车辆实际价值应承担举证责任,但保险公司仅提供其公司制作的定损清单,其性质仍为当事人单方陈述,没有第三方鉴定等其他证据证明,仅凭此不足以证明保险公司该事实主张。遂依法判决保险公司应按缪某的车辆维修价格在交强险及商业第三者责任险的限额内进行赔偿。

福安法院对此案作出一审判决之后,保险公司不服,上诉至宁德市中级人民法院,经宁德中院审理,作出了驳回上诉,维持原判的终审判决。

(来源:人民法院报)

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