Does the insurance claim for a mortgaged vehicle require the original owner?
2 Answers
No, in the event of a traffic accident, the presence of the vehicle owner is not required. However, it is recommended to complete the transfer procedures as soon as possible. Article 4 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Road Traffic Accident Compensation Cases" stipulates: If a motor vehicle that has been transferred multiple times but has not undergone transfer registration causes damage in a traffic accident, and the responsibility lies with the motor vehicle party, the party may request the last transferee who received the vehicle to bear the compensation liability, and the people's court shall support such a request. Additional information: Report to the insurance company: Generally, after a traffic accident occurs, the vehicle party must not only report to the local traffic management department but also report to the insurance company within 48 hours of the accident. Damage assessment: After the insurance company's relevant personnel inspect and examine the traffic accident scene, they should assess the losses caused by the accident. If the insured disagrees with the insurance company's damage assessment, they may raise an objection to the insurance company and also commission a relevant agency to assess the losses themselves.
I was driving a mortgaged car when I got into a minor accident, and the claims process can be handled by myself without the original owner needing to be present in person. The insurance company mainly verifies that you are the policyholder, which is usually your own information or that of the new owner. When filing a claim, you need to provide vehicle documentation, the insurance policy, and your ID, and may also need the original purchase contract to verify the mortgage status. If they contact the original owner, it’s usually just a phone call or email to confirm historical records, but you don’t need to worry about the original owner showing up. Insurance payouts are typically made directly to you or the repair shop. Remember to take photos for evidence before filing the claim and organize all the documents properly. From experience, updating policy information promptly can avoid complications, and delaying the process will slow down repairs. If you encounter any issues, consulting the insurance company’s customer service is the most reliable approach—don’t rush to involve the original owner and complicate things.
